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THE  CHARTER 


OF    THE 


CITY  OF  GRAND  JUNCTION, 
COLORADO. 


FRAMED   BY  THE    CHARTER  CONVENTION,   AUGUST   6,    1909. 


BY  AUTHORITY  OF  ARTICLE  XX.  OF  THE  CONSTITUTION. 


To  Be  Voted  on  September  14,  1909. 


OFFICIAL  COPY. 


Printed  hy  Authority  of  the  City. 


THE  PROGREISS  PRESS,   GRAND  JUNCTION    C0I,0. 


0  ::> 
PREFATORY    SYNOPSIS     ^^^^^ 

OF    THE  U^O,   ■ 

CHARTER  OF  THE  CITY  OF  GRAND  JUNCTION.  COLO. 

The  intent  and  purpose  of  this  charter  is  to  establish  a  free  and  inde- 
pendent city,  and  to  restore  to  and  vest  in  the  people  of  the  city,  so  far 
as  the  constitution  of  the  state  will  permit,  their  natural,  inherent,  and 
inalienable  right  of  local  self-government,  with  all  its  powers,  duties,  and 
responsibilities. 

To  that  end,  under  and  by  the  provisions  of  this  charter: — 

The  municipal  government  is  vested,  independently  of  legislative  inter- 
ference, with  all  powers  not  denied  it  by  the  constitution  of  the  state. 

The  people  of  the  city  are  vested  with  its  supreme  legislative  powers, 
with  easy  preliminary  conditions  in  making  and  changing  its  charter  and 
ordinances,  and  also  with  the  absolute  and  exclusive  power  of  authorizine:, 
regulating  or  terminating  its  public  service  corporations,  and  of  recalling 
its  elective  officers. 

The  preferential  system  of  voting  has  been  established,  in  lieu  of  direct 
primaries  or  of  second  elections,  thus  securing  a  unique  and  accurate  ex- 
pression of  the  public  will  at  the  polls,  with  the  minimum  of  cost  and 
effort. 

Partisan  and  machine  politics  and  government  are  inhibited,  and  a 
municipal  democracy  substituted  therefor. 

No  fixed  tenure  of  office  or  employment  is  permitted  except,  subject  to 
recall  of  elective  officers,  and,  as  authorized  by  a  classified  civil  service, 
for  employes. 

The  city  wards  and  the  saloons  have  been  abolished. 

Opportunities  for  graft  and  favoritism  in  innumerable  directions  have 
been  eliminated. 

Boards  have  been  established  to  care  for  the  public  library,  parks, 
charities,  and  civil  service. 

The  city  has  been  divided  into  five  administrative  departments,  viz.: 

I.  Public  Affairs. 

II.  Finance  and  Supplies. 

III.  Highways. 

IV.  Health  and  Civic  Beauty. 

V.  Water  and  Sewers. 

The  question  of  having  three  commissioners  to  administer  the  five  de- 
partments, instead  of  the  five  provided  for  in  the  charter,  is  submitted  as 
an  alternative  question  to  a  vote  of  the  qualified  electors  at  the  same  time 
that  they  vote  on  the  adoption  of  the  charter. 

The  commission  form  of  government  has  been  improved  and  adopted, 
electing  each  commissioner  directly  to  his  department,  and  clearly  de- 
fining his  duties. 

Each  commissioner  is  required  to  take  the  active  charge  and  manage- 
ment of  his  department,  giving  his  whole  time  thereto,  and  has  before 

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him  the  opportunity  and  incentive  of  becoming  a  specalist  therein,  and 
thus  of  establishing  a  most  efficient  administration. 

The  mayor  as  judge  of  the  Municipal  Court,  superceding  a  judgeship 
deiiondent  on  the  fee  system,  also  as  chief  executive  and  head  of  the  po- 
lice department,  is  made  the  paternal  guardian  of  juvenile  and  other  un- 
fortunate police-classes. 

An  efTicient  financial  system  and  purchasing  agency  for  the  city  has 
been  provided,  and  special  taxation  limited. 

A  beautiful,  sanitary  and  prosperous  city  is  provided  for. 

The  city  water  works  system  is  retained,  its  extension  and  improve- 
ment facilitated,  and  equitable  rates  for  water  not  exceeding  cost,  are 
required. 

The  proposed  charter  preserves  every  valuable  feature  of  our  state 
laws,  and  has  introduced  only  such  new  provisions  as,  after  careful  con- 
sideration, were  deemed  advisable  and  necessary. 

The  contents  are  arranged  as  follows: 

Article  I.  Name,  Boundaries,  Powers,  Rights  and  Liabilities. 

Article  II.  Elections. 

Article  III.  Recall  of  Elective  Officers. 

Article  IV.  Elective  Officers. 

Article  V.  The  Mayor. 

Article  VI.  The  Council. 

Article  VII.  Executive  and  Administrative  Departments. 

Article  VIII.  Department  of  Public  Affairs. 

Article  TX.  Department  of  Finance  and  Supplies. 

Article  X.  Department  of  Highways. 

Article  XI.  Department  of  Health  and  Civic  Beauty. 

Article  XII.  Department  of  Water  and  Sewers. 

Article  XIII.  Officers  and  Employes. 

Article  XIV.  Franchises  and  Public  Utilities. 

Article  XV.  Commissions  and  Boards. 

Article  XVI.  Direct  Legislation  by  the  People. 

Article  XVII.  General  Provisions, 


THE    CHARTER 

OF    THE 

CITY    OF    GRAND    JUNCTION,    COLORADO. 


PREAMBLE. 

We,  the  people  of  the  city  of  Grand  Junction,  under  the  authority  of 
the  constitution  of  the  State  of  Colorado,  do  ordain  and  establish  this 
Charter  for  the  city  of  Grand  Junction,  Colorado. 

ARTICLE  I. 

NAME,  BOUNDARIES,  POWERS,  RIGIiTS  AND  LIABILITIES. 

1.  -Name — Bouudaries. — The  municipal  corporation  now  existing  and 
known  as  the  "City  of  Grand  Junction,"  shall  remain  and  continue  to  be 
a  body  politic  and  corporate  under  the  same  name  and  with  the  same 
bouudaries,  with  power  and  authority  to  change  its  boundaries  in  manner 
authorized  by  law. 

2.  Powers — Rights — Lhibilities. — By  the  name  of  the  "City  of  Grand 
Junction,"  the  city — 

(a)  Shall  have  perpetual  succession,  and  shall  own,  possess  and  hold 
all  property,  real  and  personal,  theretofore  owned,  possessed,  or  held  by  the 
said  City  of  Grand  Junction,  auu  chall  ussunie,  manage,  and  dispose  of  all 
trusts  in  any  way  connected  therewith; 

(b)  Shall  succeed  to  all  the  rights  and  liabilities,  and  shall  acquire 
all  benefits,  and  shall  assume  and  pay  all  bonds,  obligations  and  indebted- 
ness of  said  city  of  Grand  Junction;  by  that  name  may  sue  and  defend, 
plead  and  be  impleaded,  in  all  courts  and  places,  and  in  all  matters  and 
proceedings;  may  have  and  use  a  common  seal  and  alter  the  same  at 
pleasure;  may  purchase,  receive,  hold  and  enjoy,  or  sell  and  dispose  of, 
real  and  personal  property; 

(c)  May  receive  bequests,  gifts  and  donations  of  all  kinds  of  prop- 
erty in  fee  simple,  or  in  trust  for  public,  charitable,  or  other  purposes; 
and  do  all  things  and  acts  necessary  to  carry  out  the  purpose  of  such 
gifts,  bequest  and  donations,  with  power  to  manage,  sell,  lease  or  other- 
wise dispose  of  the  same  in  accordance  with  the  terms  of  the  gift,  be- 
quest or  donation; 

(d)  Shall  have  the  power,  within  or  without  its  territorial  limits,  to 
construct,  condemn  and  purchase,  purchase,  acquire,  lease,  add  to,  main- 
tain, conduct  and  operate  waterworks,  light  plants,  telephone  systems, 
power  plants,  transportation  systems,  heating  plants,  and  any  other  pub- 
lic utilities  or  works  or  ways  local  in  use  and  extent,  in  whole  or  in  part, 
and  everything  required  therefor,  for  the  use  of  said  city  and  the  inhab- 
itants thereof,  and  any  such  systems,  plants,  or  works  or  ways,  or  any 
contracts  in  relation  or  connection  therewith,  that  may  exist  and  which 
said  city  may  desire  to  purchase,  in  whole  or  in  part,  the  same  or  any 

S 


part  thereof  may  be  purchased  by  said  city  which  may  enforce  such  pur- 
chase by  proceedings  at  law  as  in  taking  land  for  public  use  by  right  of 
eminent  domain,  and  shall  have  the  power  to  issue  bonds  upon  the  vote 
of  the  taxpayiug  electors,  at  any  special  or  general  election,  in  any 
amount  necessary  to  carry  out  any  of  said  powers  or  purposes; 

(e)  The  legislative,  executive  and  judicial  powers  of  the  City  shall 
extend  to  all  matters  of  local  and  municipal  government,  it  being  the  in- 
tent hereof  that  the  specifications  of  particular  powers  by  any  other  pro- 
vision of  this  Charter,  shall  never  be  construed  as  impairing  the  effect  of 
the  general  grant  of  powers  of  iocai  gu\einmeut  hereby  bestowed; 

(f)  The  City  shall  also  have  all  powers,  privileges  and  functions 
which,  by  or  pursuant  to  the  Constitution  of  this  State,  have  been,  or 
could  be,  granted  to  or  exercised  by  any  City  of  the  first  or  second  class; 

(g)  All  powers  of  the  City  shall,  except  as  otherwise  provided  in  this 
Charter,  be  vested  in  its  elective  officers,  subject  to  distribution  and  dele- 
gation of  such  powers  as  provided  in  this  Charter  or  by  ordinance. 

ARTICLE  II. 

ELECTIONS. 

8.  General  and  Special  Municipal  Elections. — A  municipal  election 
shall  be  held  in  the  city  on  the  first  Tuesday  after  the  first  Monday  in 
November  1909,  and  on  the  first  Tuesday  after  the  first  Monday  in  No- 
vember on  every  second  year  thereafter,  and  shall  be  known  as  the  Gen- 
eral Municipal  Election.  All  other  municipal  elections  that  may  be  held, 
shall  be  known  as  Special  Municipal  Elections. 

4.  lleg:istxation. — No  person  shall  be  permitted  to  vote,  at  any  munici- 
pal election  without  having  been  registered.  The  registration  shall  be 
the  same  as  is  now  or  may  hereafter  be  provided  by  the  general  laws  of 
the  State,  except  as  the  council  may  otherwise  by  ordinance  provide. 

o.  Judges  and  Clerks.— The  judges  and  clerks  of  any  election  shall  be 
selected  from  a  list  of  persons,  one  each  of  whom  may  be  proposed  for 
each  election  precinct  by  each  candidate.  In  case  there  are  five  candi- 
dates or  more  who  present  lists  at  any  election,  not  more  than  one  judge 
or  clerk  of  election  shall  be  chosen  for  each  precinct  from  the  names  pro- 
posed by  any  one  candidate.  All  such  lists  shall  be  proposed  in  writing 
at  least  fifteen  days  before  election.  In  ca»e  an  insufficient  number  of 
names  are  so  proposed,  the  city  council  may  select  such  number  as  may 
be  necessary  in  order  to  provide  three  judges  and  two  clerks  for  each 
election  precinct. 

6.  Nomination  and  Election  of  Officers. — The  mode  of  nomination  and 
election  of  all  elective  officers  of  the  city  to  be  voted  for  at  any  municipal 
election  shall  be  as  follows  and  not  otherwise: 


7.  Condition  of  Candidacy.— The  name  of  a  candidate  shall  be  printed 
upon  the  ballot  when  the  petition  of  nomination  shall  have  been  filed  in 
his  behalf,  in  the  manner  and  form  and  under  the  conditions  hereinafter 
set  forth. 

8.  Form  of  Nomination  Petition.— The  petition  of  nomination  shall 
consist  of  not  less  than  twenty-five  (25)  individual  certificates  which  shall 
read  substantially  as  follows: 

PETITION  OF  NOMINATION. 
Individual  Certificate. 

STATE  OF  COLORADO,       ) 

County  of  Mesa,  I  ss. 

City  of  Grand  Junction.        ) 

I  do  hereby  join  in  a  petition  for  the  nomination  of 

whose  residence  is  at  No 

Street,  Grand  Junction,  for  the  office  of , 

to  be  voted  for  at  the  municipal  election  to  be  held  in  the  city  of  Grand 

Junction,  on  the day  of 19 ; 

and  I  certify  that  I  am  a  qualified  elector,  and  am  not  at  this  time  a 
signer  of  any  other  certificate   nominating   any   other  candidate   for  the 

above  named  office ;  that  my  residence  is  at  No 

Street,  Grand  Junction,  and  that  my  occupation  is 

I  also  certify  that  I  believe  the  above  named  person  is  especially 
qualified  to  fill  the  said  office  and  is  of  a  good  moral  character.  I  further 
certify  that  I  join  in  this  petition  for  the  nomination  of  the  above  named 
person  believing  that  he  has  not  become  a  candidate  as  the  nominee  or 
representative  of,  or  because  of  any  promised  support  from  any  political 
party,  or  any  committee  or  convention  representing  or  acting  for  any 
political  party. 

(Signed) 

STATE  OF  COLORADO,       ) 

County  of  Mesa,  I     ss. 

City  of  Grand  Junction.        ) 

,    being    first    duly    sworn, 

deposes  and  says  that  he  is  the  person  who  signed  the  foregoing  certificate, 
and  that  the  statements  therein  are  true. 

(Signed) 

Subscribed  and  sworn  to  before  me  this day  of 

,  A.  D.  19 


My  commission  expires 

Notary  Public. 


The   petition   of   nomination,   of   which   this   certificate   forms   a   part 

shall,  if  found  insufficient,  be  returned  to 

at  No Street,  Grand  Junction. 

9.  Forms  Supplied  by  City  Clerk. — It  shall  be  the  duty  of  the  city 
clerk  to  furnish  upon  application,  a  reasonable  number  of  forms  of  such 
individual  certificates,  and  of  acceptances  or  rejections  of  nomination. 

10.  Requireineuts  of  Certificate. — Each  certificate  must  be  a  separate 
paper.  All  certificates  must  be  of  a  uniform  size  as  determined  by  the 
city  clerk.  Each  certificate  must  contain  the  name  and  signature  of  one 
signer  thereto  and  no  more.  Each  certificate  must  contain  the  name  of 
one  candidate  and  no  more.  In  ease  an  elector  has  signed  two  or  more 
conflicting  "certificates,  all  such  conflicting  certificates  shall  be  rejected. 
Each  signer  must  make  oath  to  his  certificate  before  a  Notary  Public 
substantially  in  the  form  prescribed  in  section  8  of  this  article. 

11.  Date  of  Presenting  Petition. — Twenty-five  or  more  of  such  indi- 
vidual certificates  shall  constitute  a  petition  of  nomination  for  any  one 
candidate,  and  shall  be  presented  to  the  city  clerk,  not  earlier  than  thirty 
nor  later  than  twenty  days  before  the  election.  The  clerk  shall  endorse 
thereon  the  date  upon  which  the  petition  was  presented  to  him,  and  by 
whom  presented.  •  .  >'  -  .^,i 

12.  Examination  of  Petition  by  City  Clerk. — When  a  petition  of  nomi- 
nation is  presented  to  the  city  clerk  for  filing,  h©  shall  forthwith  exam- 
ine the  same,  and  ascertain  whether  it  conforms  to  the  provisions  of  this 
firticle.  If  found  not  to  conform  thereto,  he  shall  then  and  there  in  writ- 
iiijg  on  said  petition  state  the  reason  why  such  petition  cannot  be  filed, 
and  shall  forthwith  return  the  petition  to  the  person  present- 
ing the  same,  named  as  the  person  to  whom  it  shall  be 
returned  in  accordance  with  this  article.  The  petition  may  then  be 
amended  and  again,  but  not  later  than  three  days  after  said  petition  shall 
have  been  returned,  presented  to  the  city  clerk,  as  in  the  first  instance. 
The  city  clerk  shall  forthwith  proceed  to  examine  the  amended  petition 
AS  hereinbefore  pix)vided. 

18. — Filing  of  Petitions. — If  either  the  original  or  the  amended  petition 
of  nomination  be  found  sufficiently  signed,  as  hereinbefore  provided,  the 
city  clerk  shall  file  the  same  forthwith. 

14.  Withdrawal  or  .Vceeptanee. — Any  person  whose  name  has  been 
presented  under  this  article  as  a  candidate  may,  not  later  than  fifteen 
days  before  the  election,  cause  his  name  to  be  withdrawn  from  nomination 
by  filing  with  the  city  clerk  a  request  therefor  in  writing,  under  his  own 
signature,  duly  attested  by  a  Notary  Public,  and  no  name  so  witlidrawn 
shall  be  printed  upon  the  ballot.  Any  person  nominated  under  this  article 
shall  file  his  acceptance  with  the  city  clerk  not  later  than  fifteen  days 
before  the  day  of  election,  and  in  the  absence  of  such  acceptance,  the 
iuame  of  the  candidate  shall  not  appear  on  the  ballot. 

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15. — Form  of  Aoceptauce. — The  acceptance  mentioned  in  the  preceding 
paragraph  shall  be  substantially  in  the  following  form: 

STATE  OF  COLORADO,        J 

County  of  Mesa,  >        ss. 

City  of  Grand  Junction.         \ 

J        ,  having  heretofore  been 

nominated  for  the  office  of 'n  said  city, 

do  hereby  accept  the  said  nomination,  and  I  have  not  become,  and  am  not 
a  candidate  as  the  nominee  or  representative  of,  or  because  of  any  prom- 
ised support  from  any  political  party,  or  any  committee  or  convention 
representing  or  acting  for  any  political  party,  or  organization. 


(Signed) 


Subscribed  and  sworn  to  before  me  this day  of 

A.  D.  19 

Mv  commission  expires 


Notary  Public. 

Ig. — Preservatioii  of  Petitions,  Etc. — The  city  clerk  shall  preserve  in 
his  office,  for  a  period  of  two  years,  all  petitions  of  nomination,  and  all 
certificates,  acceptances,  and  rejections  belonging  thereto  filed  under  this 
article. 

17.  Election  Notices.  -The  city  clerk  shall,  on  the  tenth  day  before 
every  city  election,  certify  a  list  of  the  candidates  so  nominated  for  office 
at  such  election,  whose  names  are  entitled  to  appear  on  the  ballot,  as 
being  the  list  of  candidates  nominated  as  required  by  this  charter,  to- 
gether with  the  offices  to  be  filled  at  such  election,  designating  whether 
such  election  is  for  a  full  or  unexpired  term;  and  he  shall  file  in  his 
office  said  certified  list  of  names  and  the  offices  so  to  be  filled,  and  he  shall 
cause  to  be  published  in  a  notice  calling  such  election,  for  three  suc- 
cessive days  before  such  election,  in  two  daily  newspapers  of  general  cir- 
culation, and  published  in  the  city  of  Grand  Junction,  an  election  notice, 
which  said  notice  shall  contain  a  list  of  said  names  of  candidates,  the 
offices  to  be  filled,  and  the  time  when,  and  the  places  of  holding  such 
election. 

18.  Preferential  Ballot — Form. — The  city  clerk  shall  cause  ballots  for 
each  general  and  special  election  to  be  printed,  bound,  numbered,  en- 
dorsed, and  authenticated,  as  provided  by  the  constitution  and  laws  of 
the  State,  except  as  otherwise  required  in  this  Charter.  The  ballots  shall 
contain  the  full  list  and  correct  name  of  all  the  respective  offices  to  be 
filled,  and  the  names  of  the  candidates  nominated  therefor.  It  shall  be  in 
substantially  the  following  form  with  the  cross  (X)  omitted  when  there 
are  four  or  more  candidates  for  any  office.  (When  there  are  three  and 
not  more  candidates  for  any  office,  then  the  ballot  shall  give  first  and 

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second  choice  only;  when  there  are  less  than  three  candidates  for  any 
office,  all  distinguishing  columns  as  to  choice,  and  all  reference  to  choice, 
may  be  omitted.) 

GENERAL    (OR   SPECIAL)    MUNICIPAL   ELECTION,   CITY   OF   GRAND 
JUNCTION.     (Inserting  date  thereof) 

Instnictious. — To  vote  for  any  person,  make  a  cross  (X)  in  ink  in  the 
square  in  the  appropriate  column  according  to  your  choice,  at  the  right 
of  the  name  voted  for.  Vote  your  first  choice  in  the  first  column;  vote 
your  second  choice  in  the  second  column;  vote  any  other  choice  in  the 
third  column;  vote  only  one  first  and  only  one  second  choice.  Do  not 
vote  more  than  one  choice  for  one  person,  as  only  one  choice  will  count 
for  any  candidate  by  this  ballot.  Omit  voting  for  one  name  for  each 
office,  if  more  than  one  candidate  therefor.  All  distinguishing  marks  make 
the  ballot  void.  If  you  wrongly  mark,  tear,  or  deface  this  ballot,  return 
it,  and  obtain  another. 


Commissioners  of 
Public   Affairs. 

1  First  Choice 

Second  Choice 

Third  Choice  | 

John  Dde                                  [ 

X            1 

James  Foe 

X 

Louis  Hoe 

X 

Dick  Joe 

1 

X            1 

Richard  Roe 

Commissioner 
of  Highways. 

1 

Mary  Brown 

X 

Harry  Jones 

X 

Fred  Smith 

Commissioner  of 
Water  and  Sewers. 

Joe  Black 

X 

Robert  White 

1 

Charter  Amendments,  Ordinances,  or  Other  Referendum  Propositions. 

19.  Blank  Spaces  for  Additional  Candidates. — One  space  shall  be  left 
below  the  [)rinted  narces  of  the  candidates  for  each  office  to  be  voted 
for.  wherein  the  voter  may  write  the  name  of  any  person  for  whom  he 
may  wish  to  vote. 

20.  Requirements  of  Ballots. — All  ballots  printed  shall  be  identical,  so 
that  without  the  numerical  number  thereon  it  would  be  impossible  to 
distinguish   one   ballot   from   another.     Space   shall   be   provided   on   the 

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ballot  for  Charter  Amendments  or  other  questions  to  be  voted  on  at  the 
municipal  elections,  as  provided  by  this  charter.  The  names  of  candidates 
for  each  office  shall  be  arranged  in  alphabetical  order  of  the  sur-names. 
Nothing  on  the  ballot  shall  be  indicative  of  the  source  of  the  candidacy, 
or  of  the  support  of  any  candidate.  No  ballot  shall  have  printed  thereon 
any  party  or  political  designation  or  mark,  and  there  shall  not  be  ap- 
pended to  the  name  of  any  candidate  any  such  party  or  political  desig- 
nation or  mark,  or  anything  indicating  his  views  or  opinions. 

21.  Sample  Ballots. — The  city  clerk  shall,  at  least  five  days  before 
the  election,  cause  to  be  printed  not  less  than  five  hundred  sample  bal- 
lots, upon  paper  of  different  color,  but  otkei'wise  identical  with  the  ballot, 
to  be  used  at  the  election,  and  shall  distribute  the  same,  upon  applica- 
tion of  the  candidates,  to  the  registered  voters  at  his  office. 

22.  Canvass  and  Elt'ctioii. — As  soon  as  the  polls  are  closed,  the  elec- 
tion judges  shall  immediately  open  the  ballot  boxes,  take  therefrom  and 
count  the  ballots,  and  enter  the  total  number  thereof  on  the  tally  sheet 
provided  therefor.  They  shall  also  carefully  enter  the  number  of  the 
first,  second,  and  third  choice  votes  for  each  candidate  on  said  tally  sheet 
aKd  m  ike  return  thereof  to  the  city  clerk  as  provided  by  law.  No  vote 
shall  be  counted  for  any  candidate  more  than  once  on  any  ballot,  all  sub- 
sequent votes  on  that  ballot  for  that  candidate  being  void. 

The  person  receiving  more  th^n  one-half  of  the  total  number  of  bal- 
lots cast  at  such  election  as  the  first  choice  of  the  electors  for  any  office 
shall  be  elected  to  that  office;  provided,  that  if  no  candidate  shall  receive 
such  a  majority  of  the  first  choice  votes  for  such  office,  then  and  in  that 
event,  the  name  of  the  candidate  printed  on  the  ballot  having  the  smallest 
number  of  first  choice  votes,  and  all  names  written  on  the  ballot  having  a 
less  number  of  votes,  than  such  last  named  candidate,  shall  be  excluded 
from  the  count,  arid  votes  for  such  candidate  or  persons  so  excluded  shall 
not  thereafter  be  counted.  A  canvass  shall  then  be  made  of  the  second 
choice  votes  received  by  the  remaining  candidates  for  said  office;  said  sec- 
ond choice  votes  shall  then  be  added  to  the  first  choice  votes  received  by 
each  remaining  candidate  for  such  office,  and  the  candidate  receiving  the 
largest  number  of  said  first  and  second  choice  votes,  if  such  votes  consti- 
tute a  majority  of  all  ballots  cast  at  such  election,  shall  be  elected  thereto; 
and  provided,  further,  that  if  no  such  candidate  shall  receive  such  a  major- 
ity after  adding  the  first  and  second  choice  votes,  then  and  in  that  event, 
the  name  of  the  candidate  then  having  the  smallest  number  of  first  and 
second  choice  votes  shall  be  excluded  from  the  count,  and  no  votes  for 
such  candidate  so  excluded  shall  thereafter  be  counted.  A  canvass  shall 
then  be  made  of  the  third  choice  votes  received  by  the  remaining  candi- 
dates for  such  office;  said  third  choice  votes  shall  then  be  added  to  the 
first  and  second  choice  votes  received  by  each  remaining  candidate  for 
such  office,  and  such  remaining  candidate  receiving  the  highest  number  of 
first,  second,  and  third  choice  votes  shall  be  elected  thereto.  When  the 
name  of  but  one  person  remains  as  a  candidate  for  any  office,  such  per- 

9 


son  shall  be  elected  tliereio  regardless  of  the  number  of  votes  received. 

A  tie  between  two  or  more  candidates  is  to  be  decided  in  favor  of  the 
one  having  the  greatest  number  of  first  choice  votes.  If  all  are  equal  in 
that  respect,  then  the  greatest  number  of  second  choice  votes  determine 
the  result.  If  this  will  not  decide,  then  the  tie  shall  be  determined  by  lot, 
under  the  direction  of  the  canvassing  board. 

Whenever  the  word  "majority"  is  used  in  this  section,  it  shall  mean 
more  than  one-half  of  the  total  number  of  ballots  cast  at  such  election. 

23.  Informalities  iu  Election. — No  informalities  in  conducting  munici- 
pal elections  shall  invalidate  the  same,  if  they  have  been  conducted  fairly 
and  in  substantial  conformity  with  the  requirements  of  this  charter. 

24.  I'se  of  ("arriages  on  Day  of  Election. — No  candidate  for  any  elec- 
tive oif.ce  shall  directly  or  indirectly  use  or  cause  to  be  used  in  aid  of 
his  candidacy  on  the  day  of  any  municipal  election,  more  than  one  car- 
riage or  other  vehicle  to  aid  voters  to  get  to  the  polling  places.  Such 
carriage  or  other  vehicle  shall  be  used  to  transport  only  those  voters 
who  by  reason  of  illness  or  other  infirmity  are  unable  to  go  to  the  polling 
places  unless  so  transported.  Any  candidate  desiring  to  use  the  one  car- 
riage or  other  vehicle  above  mentioned  shall,  not  less  than  one  day  prior 
to  the  day  of  election,  file  in  the  office  of  the  clerk  a  statement  of  such 
desire  on  his  part,  which  shall  contain  such  a  description  of  the  carriage 
or  vehicle  he  desires  to  use  as  will  readily  identify  the  same.  No  other 
carriage  or  vehicle  than  the  one  so  described  in  the  said  statement  shall 
be  used  by  the  said  candidate,  or  by  any  committee  or  association  pro- 
moting his  candidacy  for  the  purpose  of  conveying  voters  to  the  polling 
places  on  the  day  of  election. 

A  violation  of  any  of  the  provisions  of  this  section  by  any  candidate 
shall  disqualify  him  from  holding  the  office  for  which  he  is  a  candidate. 

Every  elective  officer  of  the  city  shall,  at  the  time  he  takes  the  oath 
of  office,  be  required  to  take  and  subscribe  an  oath  that  he  has  not 
violated  any  of  the  provisions  of  this  section. 

25.  (General  Election  Regulations. — The  provisions  of  any  State  law, 
now  or  hereafter  in  force,  except  as  the  council  may  otherwise  by  ordi- 
nance provide,  relating  to  the  qualifications  and  registration  of  electors, 
the  manner  of  voting,  the  duties  of  election  officers,  the  canvassing  of  re- 
turns, and  all  other  particulars  in  respect  to  the  management  of  elections, 
except  as  otherwise  provided  in  this  article,  so  far  as  they  may  be  ap- 
plicable, shall  govern  all  municipal  elections;  provided,  also,  that  the 
Council  shall  meet  as  a  canvassing  board  and  duly  canvass  the  election 
returns  within  two  days  after  any  municipal  election.  Whenever  any 
member  of  the  council  is  a  candidate  for  re-election,  the  council  shall  ap- 
point some  Justice  of  the  Peace  or  Notary  Public  of  said  city  to  take  the 
place  of  said  candidate  upon  said  canvassing  board  as  a  member  thereof. 

26.  Votinjr  Macliines. — The  city  council  may  by  ordinance  authorize 
the  use  of  voting  machines,  provided  said  machines  are  so  constructed  as 

10 


to  carry  out  the  provisions  of  this  article  in  reference  to  Preferential 
Voting;  provided,  however,  said  ordinance  may  be  adopted  only  upon  vote 
of  the  qualified  electors  of  the  city. 

ARTICLE  III. 

RECALL  OF  ELECTIVE  OFFICERS. 

27.  Applies  to  All  Elective  Officers. — Any  holder  of  an  elective  office 
may  be  recalled  and  removed  therefrom  by  fehe  qualified  electors  of  the 
city  as  provided  in  this  Article. 

28.  Petitiou  for  Recall. — Any  qualified  elector  of  the  city  may  make 
and  file  with  the  city  clerk  an  affidavit  containing  the  name  of  the  oIRcer 
sought  to  be  removed,  and  a  specific  statement  of  the  grounds  of  removal. 
The  Clerk  shall  thereupon  deliver  to  the  elector  making  such  aindavit,  a 
sufficient  number  of  copies  of  petitions  for  such  recall  and  removal, 
printed  forms  of  which  he  shall  keep  on  hand.  Such  petitions  shall  be 
issued  by  the  clerk  with  his  signature  and  official  seal  thereto  attached: 
they  shall  be  dated  and  addressed  to  the  city  council,  shall  contain  the 
same  of  the  person  to  whom  issued,  the  number  of  forms  so  issued,  the 
name  of  the  person  sought  to  be  removed,  the  office  from  which  such 
retnoval  is  sought,  the  grounds  of  such  removal  as  stated  in  saij  affidavit. 
and  shall  demand  the  election  of  the  successor  to  such  office,  a  copy  of 
which  petition  shall  be  entered  in  a  record  book  to  be  kept  in  the  office 
of  said  Clerk.  Any  defect  in  said  form  or  record  shall  not  invalidate  the 
same.  Said  recall  petition  must  be  returned  and  filed  with  said  Clerk 
within  thirty  days  of  its  issuance.  Said  petitions  before  being  returned 
and  filed,  shall  be  signed  by  qualified  electors  equal  in  number  to  at  least 
twenty  per  centum  of  the  last  preceding  vote  cast  for  all  the  candidates 
for  Governor  of  the  State  of  Colorado  by  the  electors  of  the  city,  and  to 
each  such  signature  shall  be  attached  his  place  of  residence,  giving  the 
street  and  number.  Such  signatures  need  not  all  be  on  one  paper.  One 
of  the  signers  of  each  such  paper  shall  make  an  affidavit  thereto  that  the 
statements  therein  contained  are  true,  and  that  eaoh  signature  appended 
to  the  paper  is  the  genuine  signature  of  the  person  whose  name  it  purports 
to  be.  All  such  papers  for  the  recall  of  any  one  officer  shall  be  fastened 
together  and  filed  as  one  instrument,  with  the  indorsements  thereon  of 
the  names  and  addresses  of  three  persons  designated  as  filing  the  same. 

29.  Petition  May  Be  Amended  or  Xew  Petition  Made. — Within  ten  days 
from  the  filing  of  said  petition,  the  clerk  shall  ascertain  by  examination 
thereof  and  of  the  registration  books  and  election  returns,  whether  the 
petition  is  signed  by  the  requisite  number  of  qualified  electors,  and  shall 
attach  thereto  his  certificate  showing  the  result  of  such  examination.  He 
shall,  if  necessary,  be  allowed  extra  help  by  the  council. 

If  his  certificate  shows  the  petition  to  be  insufficient,  he  shall  within 
said  ten  days  so  notify  in  writing  one  or  more  of  the  persons  designated 
on  the  petition  as  filing  the  same;   and  the  petition  may  be  amended  at 

11 


any  time  within  ten  days  from  the  filing  of  the  certificate.  The  clerk 
shall,  within  ten  days  after  such  amendment,  make  like  examination  of 
the  amended  petition,  and  attach  thereto  his  certificate  of  the  result.  If 
still  insufficient,  or  if  no  amendment  is  made,  he  shall  return  the  petition 
to  one  of  the  persons  designated  thereon  as  filing  it,  without  prejudice, 
however,  to  the  filing  of  a  new  petition  for  the  same  purpose. 

30.  Election   Under  Kecall   Petition,  Unless   Ofticer  Resigns.    If  the 

petition  or  amended  petition  shall  be  found  and  certified  by  the  Clerk  to 
be  sufficient,  he  shall  submit  the  same  with  his  certificate  to  the  Council 
without  delay,  and  the  Council  shall,  if  the  officer  sought  to  be  removed 
does  not  resign  within  five  days  thereafter,  thereupon  order  an  election 
to  be  held  on  a  Tuesday  fixed  by  it,  not  less  than  thirty  nor  more  than 
forty  days  from  the  date  of  the  Clerk's  certificate  that  a  sufficient  petition 
is  filed;  provided,  however,  that  if  any  other  municii)al  election  is  to  occur 
within  sixty  days  from  the  date  of  the  Clerk's  certificate,  the  Council  may, 
in  its  discretion,  postpone  the  holding  of  the  removal  election  to  the  date 
of  such  other  municipal  election.  If  a  vacancy  occur  in  said  o.Tice  after 
a  removal  election  has  been  so  ordered,  the  election  shall  nevertheless 
proceed  as  in  this  Article  provided. 

31.  Candidates — Election. — Any  officer  sought  to  be  removed  may  be 
a  candidate  to  succeed  himself,  and  unless  he  requests  otherwise  in  writ- 
ing, the  Clerk  shall  place  his  name  on  the  oflicial  ballot  without  nomina- 
tion. The  nomination  of  other  candidates,  the  publication  of  notice  of 
such  removal  election,  and  the  conduct  of  the  same,  shall  all  be  in  accord 
with  the  provisions  of  Article  II  hereof,  relating  to  elections. 

32.  Incnnibent  Removed. — The  incumbent  shall  continue  to  perform 
the  duties  of  his  office  until  the  removal  election.  If  then  elected,  he  shall 
continue  in  office  for  the  balance  of  his  term.  If  not  then  elected,  he  shall 
be  deemed  removed  upon  the  qualification  of  his  successor,  who  shall 
hold  office  during  the  unexpired  term.  If  the  successor  fails  to  qualify 
within  ten  days  after  receiving  notification  of  his  election,  the  incumbent 
shall  thereupon  be  deemed  removed  and  the  oflJice  vacant. 

33.  No  Hecal?  Petition  for  First  Three  Months. — No  recall  petition 
shall  be  filed  against  any  officer  until  he  has  actually  held  his  office  for 
at  least  three  months. 

34.  Incapacity  of  Recalled  Officer. — No  person  who  has  been  removed 
from  an  office  by  recall,  or  who  has  resigned  from  such  office  while  recall 
proceedings  were  pending  against  him,  shall  be  appointed  to  any  office 
within  one  year  after  such  removal  by  recall  or  resignation. 

ARTICLE  IV. 

ELECTIVE  OFFICERS. 

35.  Officers — Terms — Salaries. — The  elective  officers  of  this  city  shall 
consist  of  five  commissioners:  one  of  whom  shall  be  the  Commissioner  of 

12 


Public  Affairs  and  ex  officio  Mayor;  one  shall  be  the  Commissioner  of 
Finance  and  Supplies;  one  shall  be  the  Commissioner  of  Highways;  one 
shall  be  the  Commissioner  of  Health  and  Civic  Beauty;  and  one  shall  be 
the  Commissioner  of  Water  and  Sewers;  each  of  whom  shall  be 
elected  at  large  by  the  qualified  electors  of  the  city,  and  each  shall  have 
charge  of  one  department  as  indicated  by  his  official  title. 

The  terms  of  all  elective  officers  shall  commence  at  10  o'clock  A.  M. 
on  the  first  Tuesday  following  their  election,  and  shall  be  for  four  years 
each,  and  until  10  o'clock  A.  M.  on  the  first  Tuesday  following  the  election 
and  qualification  of  their  successors;  provided,  however,  that  the  offices 
of  the  CoTi-'Tiii='i=ior!ers  cf  Fir.-'nce  and  Supplies,  of  Highways,  and  of 
Health  and  Civic  Beauty,  first  elected  under  this  Charter,  shall  b©  for  two 
years  only,  so  that  their  successors  shall  be  elected  at  the  general  mu- 
nicipal election  in  1911,  and  every  four  years  thereafter,  and  the  election 
bf  the  other  two  commissioners  shall  first  be  at  the  general  municipal 
election  in  1909,  and  every  four  years  thereafter. 

The  Commissioners  of  Public  Affairs  and  of  Water  and  Sewers  shall 
each  receive  a  salary  of  One  Hundred  and  Twenty-Five  ($125.00)  Dollars 
per  month,  payable  monthly,  and  each  of  the  other  three  commissioners 
shall  receive  a  salary  of  One  Hundred  ($100.00)  Dollars  per  month,  paya- 
ble monthly;  provided,  however,  that  at  any  general  municipal  election, 
the  question  of  changing  or  fixing  such  salaries  may  be  submitted  to  a 
vote  of  the  qualified  electors  of  the  city. 

36.  No  Further  Coiiipeusation. — None  of  any  such  commissioners  shall 
receive  any  further  compensation  for  any  service  he  may  render  the  city 
during  his  term  of  office,  other  than  his  salary  as  commissioner;  and  all 
fees,  salaries,  or  other  moneys  coming  into  his  hands  by  virtue  of  his 
office  shall  be  accounted  for  to  the  city. 

37.  Qualifications. — No  person  shall  be  eligible  to  the  office  of  any 
such  commissioner  unless  he  is  a  qualified  elector. 

38. — ^Vacancies. — If  a  vacancy  occur  in  the  office  of  any  such  commis- 
sioner, the  council  shall  appoint  an  eligible  person  to  fill  such  vacancy 
until  the  next  general  or  special  municipal  election,  subject  to  the  pro- 
visions of  the  recall,  and  any  such  vacancy  shall  then  be  filled  by  election 
for  the  unexpired  term.  A  vacancy  shall  exist  when  an  elective  officer 
fails  to  qualify  for  ten  days  after  notice  of  his  election,  dies,  resigns,  re- 
moves from  the  city,  absents  himself  continuously  therefrom  for  three 
months,  is  convicted  of  a  felony,  or  judicially  declared  a  lunatic. 

ARTICLE  V. 

THE  MAYOR. 

39.  Executive  and  President — The  Mayor  shall  be  the  chief  executive 
officer  of  the  city,  and  president  of  the  council,  and  when  present,  shall 
preside  at  all  meetings. 

13 


40.  Duties — Authority — Powers  — (a)  He  shall  see  that  the  laws  of 
the  State,  the  provisions  of  this  Charter,  and  the  ordinances  of  the  city 
are  duly  enforced.  He  may  remit  fines,  costs,  forfeitures,  and  penalties, 
imposed  for  the  violation  of  aay  ordinance,  but  shall  make  a  report  of 
such  remission  to  the  council  at  the  next  meeting  thereafter  with  his  rea- 
sons therefor.     He  shall  have  power  to  administer  oaths. 

(b)  He  shall  sign  all  contracts,  bonds,  or  other  instruments  requiring 
the  assent  of  the  city,  and  take  care  that  the  same  are  duly  performed. 
All  legal  processes  against  the  city  shall  be  served  against  the  Mayor  or 
Acting  Mayor. 

(c)  He  shall  be  charged  with  the  general  oversight  of  all  depart- 
ments, boards  and  commissions  of  the  city. 

(d)  He  shall  be  ex  officio  a  member  of  each  board,  commission,  or 
body,  created  or  authorized  by  this  Charter,  or  by  any  ordinance  of  the 
city. 

(e)  He  shall  have  the  right  to  vote  on  all  questions  coming  before 
the  council. 

(f)  He  shall  have  such  other  rights  and  powers  as  may  be  provided 
by  ordinance  not  in  conflict  with  this  charter. 

41.  Actiiisr  Mayor  aud  Vice  President. — The  Commissioner  of  Water 
and  Sewers  shall  be  Vice  President  of  the  council,  and  Acting  Mayor  of 
the  city,  and  during  the  absence  or  inability  of  the  Mayor  to  act,  shall 
exercise  all  his  rights  ajid  powers. 

ARTICLE  VI. 

THE  COUNCIL. 

42.  Legislative  Powers. — The  city  council  shall  consist  of  all  the 
elective  officers  of  the  city,  and  shall,  except  as  otherwise  provided  by 
this  charter  be  vested  with  all  the  legislative  powers  of  the  city. 

43.  .Iiidae  of  Their  Election. — The  council  shall  be  the  judge  of  the 
election  and  qualification  of  its  own  members,  subject  to  review  by  the 
Courts  in  case  of  contest. 

44.  Mules. — The  council  shall  determine  its  own  rules  of  procedure, 
may  punish  its  members  for  disorderly  conduct,  and  compel  their  at- 
tendance at  the  council  meetings. 

4.'>.  .'Mj-etiiigs. — The  council  shall  prescribe  the  time  and  place  of  its 
meetings,  and  the  manner  in  which  special  meetings  thereof  may  be 
called.  The  city  clerk  shall  be  the  clerk  of  the  council,  and  shall,  with 
the  mayor,  sign  and  attest  all  ordinances  and  resolutions.  A  majority  of 
all  the  members  shall  constitute  a  quorum  to  do  business,  but  a  less 
number  may  adjourn.    The  council  shall  sit  with  open  doors  at  all  legis- 

14 


lative  sessions  and  shall  keep  a  journal  of  its  proceedings  wtiich  shall  be 
a  public  record. 

46.  Restrictions  Upon  Memliers. — No  member  of  the  council  shall  be 
elected  or  appointed  to  any  office,  position,  or  employment,  the  compensa- 
tion of  which  was  increased  or  fixed  by  the  council  while  he  was  a  mem- 
ber thereof  until  after  the  expiration  of  one  year  from  the  date  when  he 
ceased  to  be  such  a  member. 

47.  Salaried  Emplojes. — The  city  council  shall  have  the  power  to 
authorize,  by  ordinance,  the  appointment  of  such  salaried  employes  as 
may  be  necessary  to  relieve  any  commissioner  of  any  duties  of  his  de- 
partment which  he  shall  not  have  time  to  perform  or  which  may  conflict 
with  his  other  duties. 

48.  Contractual  Powers. — The  city  council  shall  have  no  power  to 
make  any  contract  of  any  kind  or  nature  whatsoever,  or  to  make  any 
ipocp  of  ritv  propertv.  the  oneration  of  which  will  extend  bevond  the  tini? 
of  the  installation  of  the  new  commissioners  elected  at  any  general  mu- 
nicipal election;  nor  shall  it  have  any  power  to  sell,  abandon,  grant,  or 
otherwi.=e  dispose  of  any  title  or  right  of  the  city  to  any  real  estate,  fran- 
chise, right-of-way,  street,  avenue,  alley,  or  other  public  property,  all 
such  powers  being  reserved  to  the  people,  and  to  be  exercised  only  by  the 
qualified  voters  at  a  general  or  special  municipal  election. 

49.  Intoxicating  Liquors. — The  sale,  exposure  for  sale,  barter,  ex- 
change, giving  away,  manufacture  or  storage  of  any  spirituous,  vinous, 
malt,  fermented,  distilled,  alcoholic  or  other  intoxicating  liquors  is  hereby 
inhibited  and  forbidden  within  the  limits  of  the  city  of  Grand  Junction, 
and  within  one  mile  of  the  outer  boundaries  thereof,  and  the  city  council 
shall  have  no  power  to  license  the  manufacture  or  sale  of  any  such  liquors. 
Such  giving  away  and  such  storage  shall  not  apply  to  the  giving  away  or 
storage  of  such  liquors  by  a  person  in  his  private  dwelling,  provided,  such 
dwelling  is  not  a  place  of  public  resort. 

It  shall  be  a  good  defense  in  any  prosecution  under  this  section,  or 
under  any  ordinance  passed  in  pursuance  thereof,  to  show  that  the  sale 
-in  question  was  at  retail,  by  a  regularly  licensed  pharmacist,  for  exclu- 
sively known  medicinal  purposes,  and  that  it  was  sold  only  In  good  faith 
upon  written  prescription  issued,  signed,  and  dated  in  good  faith  by  a 
duly  licensed  physician  in  active  practice  in  the  city  of  Grand  Junction, 
and  that  the  prescription  was  used  but  once. 

Each  such  pharmacist  shall  keep,  in  a  conspicuous  place  on  the  coun- 
ter, a  bound  book  for  public  inspection,  containing  a  memorandum  entry 
of  such  prescription,  with  the  name  of  the  physician  prescribing,  the  name 
of  the  person  prescribed  for.  the  date,  and  the  number  thereof,  which  en- 
try shall  be  made  and  signed  by  said  pharmacist  before  said  prescription 
shall  be  filled. 

15 


The  city  council  shall  pass  ordinances  providing  suitable  penalties  for 
a  viol-ition  of  this  section,  and  to  make  it  effective. 

.>0.  Ordhiaiices  and  Resolutions. —  (a)  In  legislative  sessions,  the  coun- 
cil shall  act  by  ordinance,  resolution  or  motion. 

(b)  The  ayes  and  nays  shall  be  taken  upon  the  passage  of  all  ordi- 
nances and  resolutions,  and  entered  upon  the  journal  of  its  proceedings. 
Upon  the  request  of  any  member,  the  ayes  and  nays  shall  be  taken  and 
recorded  upon  any  motion.  Every  member  when  present  must  vote,  and 
every  ordinance  passed  by  the  city  council  shall  require  on  final  passage 
the  affirmative  vote  of  a  majority  of  all  members  of  the  council. 

(c)  Xo  ordinance  shall  be  ps -sed  finally  on  the  date  it  is  introduced, 
except  in  cases  of  special  emergency,  for  the  preservation  of  the  public 
peace,  health  or  safety,  and  then  only  by  unanimous  vote  of  all  members 
of  the  council.  No  ordinance  making  a  grant  of  any  franchise  or  special 
privilege  shall  ever  be  passed  as  an  emergency  measure. 

(d)  The  enacting  clause  of  all  ordinances  passed  by  the  council  shall 
be  in  these  words:  "BE  IT  ORDAINED  BY  THE  CITY  COUNCIL  OF 
THE  CITY  OF  GRAND  JUNCTION." 

51.  Publication  of  Ordinances. — Every  proposed  ordinance  shall  be 
published  once  in  full  in  a  daily  newspaper  of  the  city,  at  least  ten  days 
before  its  final  passage.  After  such  final  passage,  it  shall  be  again  pub- 
lished once  in  a  daily  newspaper  as  amended  and  completed,  except  in  . 
cases  of  an  emergency  ordinance,  which  may  be  passed  as  heretofore 
provided,  and  which  shall  take  effect  upon  passage,  and  be  so  published 
on  the  fallowing  day. 

f"2.  A?J!eiiilii!ent  or  Ke^'eal. — No  ordinance  or  section  thereof  shall 
be  amenc'ed  er  repealed  except  by  an  ordinance  regularly  adopted. 

53.  Ordinances  tirantine:  Franchises. — No  proposed  ordinance  grant- 
ing any  franchise  shall  be  put  upon  its  final  passage  within  sixty  days 
p-fter  Its  in' reduction,  nor  until  it  has  been  published  not  less  than  once  a 
week  for  six  consecutive  weeks  in  two  daily  newspapers  of  the  city  in 
general  circulation. 

54.  Hecord  of  Ordinances. — A  true  copy  of  every  ordinance  when 
adopted  fhall  be  numbered  and  recorded  in  a  book  marked  "Ordinance 
Record."  and  a  eertificate  of  adoption  and  publication  shall  be  authenti- 
fated  by  the  certificate  of  the  publisher  and  by  the  signatures  of  the 
mayor  and  clerk.  The  ordinances  adopted  by  the  vote  of  the  qualified 
electors  of  the  city  shall  be  separately  numbered  and  recorded,  commenc- 
ing with  "People's  Ordinance,  No.  1." 

55.  rr«»of  of  Cliarter  and  Ordinances. — This  charter  or  any  ordinance 
n  ay  be  proved  by  a  copy  thereof,  certified  to  by  the  city  clerk  under  seal 
of  the  city;  or  when  printed  in  book  or  pamphlet  form,  and  puri)orting 
to  be  printed  by  authority  of  the  city,  the  same  shall  be  received  in  evi- 
<'.ence  in  all  Courts  without  further  proof. 

16 


ARTICLE  VII. 

EXECUTIVE  AND  ADMINISTRATIVE  DEPARTMENTS. 

56.  Five  Departments. — The  executive  and  administrative  powers, 
authority  and  duties  of  the  city,  not  otherwise  herein  provided  for,  shall 
be  distributed  among  five  departments  as  follows: 

I.  Public  Affairs. 

II.  Finance  and  Supplies. 

III.  Highways. 

IV.  Health  and  Civic  Beauty. 

V.  Water  and  Sewers. 

57.  Public  Affairs. — The  Commissioner  of  Public  Affairs  shall  be  ex 
ofiicio  mayor,  and  the  chief  executive  officer  of  the  city.  He  shall,  unless 
otherwise  provided  by  ordinance,  be  the  judge  of  the  municipal  court  of 
the  city;  he  shall  be  the  head  of  the  police  and  fire  departments,  and  shall 
supervise  all  public  utilities  not  owned  and  managed  directly  by  the  city; 
he  shall  have  charge  of  any  building,  electric  wiring,  lighting  and  heat- 
ing inspection,  and  shall  have  general  supervision  of  all  public  affairs  not 
otherwise  provided  for. 

58.  Finance  and  Supplies. — The  Coitomissioner  of  Finance  and  Sup- 
plies shall  be  ex  officio  city  treasurer,  and  shall  be  the  purchasing  agent 
of  all  supplies  for  all  departments  of  the  city.  He  shall  also  be  the  city 
collector,  and  as  such,  it  shall  be  his  duty  to  collect  all  water  rents,  li- 
cense fees,  money  of  the  city  in  the  hands  of  the  county  treasurer,  or 
other  moneys  due  the  city. 

59.  Highways. — The  Commissioner  of  Highways  shall  be  the  street 
commissioner,  and  shall  have  supervision  of  all  streets,  alleys,  avenues, 
sidewalks,  ditches  and  the  water  flowing  therethrough,  public  improve- 
ments, street  paving,  sidewalk  construction,  gutters,  curbing,  public  build- 
ings, real  and  personal  property  owned,  leased  by,  or  controlled  by  the 
city,  and  not  in  charge  of  any  other  department. 

60.  Health  and  Civic  Beauty. — The  Commissioner  of  Health  and  Civic 
Beauty  shall  be  ex  officio  city  clerk,  and  as  such,  keep  all  the  records  of 
the  city  council  and  perform  all  other  duties  required  of  such  clerk.  He 
shall  be  ex  officio  city  auditor,  and  shall  audit  all  bills  payable  by  the 
city  prior  to  their  being  allowed  by  the  city  council.  He  shall  be  the 
health  and  sanitary  commissioner,  see  that  all  health  ordinances  are  en- 
forced, and  shall  also  have  supervision  of  the  plumbing  inspection,  and 
the  inspection  of  foods  and  milk  offered  for  sale  in  the  city.  He  shall 
also  be  the  inspector  of  weights  and  measures. 

He  shall  be  the  commissioner  of  Civic  Beauty,  shall  have  general  su- 
pervision of  all  parks,  parking,  and  shade  trees  of  the  city,  and  shall  have 
full  power  to  manage,  improve,  maintain,  and  beautify  the  same;  he  shall 
supervise  the  architectural  beauty  of  the  city  and  make  recommendations 
as  to  the  suitable  color,  style  and  character  of  buildings,  pavings,  side- 

17 


walks,  and  other  improvements  as  to  him  may  seem  advisable,  to  the  end 
of  improving  the  city's  appearance  and  beauty. 

61.  Water  and  Sewers. — The  Commissioner  of  Water  and  Sewers  shall 
be  ex  officio  water  commissioner,  and  shall  take  direct  and  active  charge 
of  the  city's  entire  water  and  sewer  system,  both  within  and  without 
the  city,  supervise  and  keep  the  same  in  good  working  order.  He  shall 
take  charge  of  all  construction  work  for  the  water  system,  shall  be  the 
inspector  of  all  water  pipes,  fixtures,  fountains,  fire  plugs,  connections, 
and  all  other  water  apparatus  through  which  the  city  water  may  flow, 
see  that  the  same  is  kept  in  good  repair,  and  shall  also  have  charge  of  all 
sewers  and  see  that  they  are  kept  in  good  repair  and  properly  flushed. 

62.  Other  Powers  and  Dnties. — Said  commissioners  shall  have  such 
other  rights,  powers,  and  duties  as  may  be  provided  by  ordinance,  not  in 
conflict  with  the  provisions  of  this  Charter. 

6.3.  Office  Hours — It  shall  be  the  duty  of  each  commissioner  to  main- 
.tain  regular  office  hours  at  the  city  hall,  and  he  shall  give  his  whole  time 
and  attention  to,  and  engage  in  the  actual  work  of  the  city  affairs  during 
business  hours.  At  all  times  when  not  engaged  in  office  work,  he  shall 
take  the  active  management  and  control  as  foreman  and  director  of  the 
affairs  of  his  department,  and  shall  be  responsible  for  the  full  and  com- 
plete discharge  thereof. 

64.  Hours  and  Wa^es. — Eight  hours  shall  constitute  a  day's  work  in 
all  city  employment,  and  the  minimum  rate  of  wages  shall  be  two  dollars 
and  fifty  cents  per  day  for  all  day  laborers,  unless  otherwise  determined 
by  the  city  council:  provided,  however,  that  this  section  shall  not  apply 
to  any  work  in  paving  the  streets  of  the  city  or  in  building  an  extension 
of  the  city  waterworks  or  sewer  system. 

6.j.  Department  Employes. — Each  department  shall  be  entitled  to  such 
salaried  emploj-es  as  may  be  authorized  by  ordinance.  The  head  of  each 
department  shall  nominate  all  such  employes  therein  but  their  appoint- 
ments shall  be  made  by  the  city  council.  Each  commissioner  shall  have 
the  power  of  selecting  and  employing  the  day  laborers  necessary  for  his 
department.  Any  and  all  employes  in  any  department  shall  be  subject 
to  discharge  by  the  commissioner  at  the  head  of  that  department  at  any 
time,  except  as  otherwise  provided  by  this  Charter.  The  city  council  shall 
determine  the  number  of  such  employes  in  any  department  and  shall  also 
have  like  power  of  discharging  them,  or  any  of  them,  or  may  require  any 
employe  in  any  department  to  perform  duties  in  two  or  more  departments, 
or  may  make  such  rules  and  regulations  as  they  shall  deem  necessary  or 
proper  for  the  efficient  and  economical  conduct  of  the  business  of  the 
city.  The  salary  or  wages  of  any  employe  of  the  city  shall  cease  imme- 
diately upon  his  discharge  from  such  employment. 

66.  Publioitj  Records  and  Kejtorts. — Each  of  said  commissioners  shall 
keep  a  record  book  in  which  shall  be  recorded  a  brief  but  comprehensive 

18 


record  of  all  department  affairs  under  his  charge  as  soon  as  performed 
and  shall  quarterly  render  to  the  city  council  a  full  report  of  all  opera- 
tions ©f  such  department,  and  shall  annually,  and  oftener  if  required  by 
the  city  council,  make  a  synopsis  thereof  for  publication.  All  such  rec- 
ords shall  be  kept  open  for  public  inspection.  The  council  shall  pro- 
vide for  the  publication  of  such  annual  or  other  reports,  and  of  such 
portion  of  the  quarterly  reports,  as  to  it  may  seem  advisable.  Each  com- 
missioner shall  also  make  and  keep  a  complete  inventory  and  permanent 
record  of  all  the  personal  property  of  his  department  and  what  disposi- 
tion, if  any,  has  been  made  of  the  same. 

67.  Newspaper  and  Publication  Fees. — All  election  notices,  or  list  of 
candidates  for  office,  department  reports,  ordinances,  charters,  or  charter 
amendments,  advertising,  publicity  affairs,  or  other  publications  required 
or  authorized  by  this  Charter,  by  general  law,  or  by  any  ordinance  of  the 
city  to  be  made  in  any  newspaper  and  all  such  publica- 
tions for  which  the  city  of  Grand  Junction  may  be  liable,  shall  be  paid 
for  by  the  city  at  such  rates  as  shall  not,  in  any  event,  exceed  the  ordi- 
nary and  regular  advertising  rates  charged  other  advertisers;  and  all 
printing  of  books,  pamphlets,  bills,  letterheads,  or  other  documents  or 
printed  matter  required  by  the  city  shall  be  paid  for  at  a  price  not  ex- 
ceeding the  usual  business  rates  therefor.  N'o  bill  shall  be  rendered  to, 
or  paid  by  the  city  for  such  advertising  or  printing  in  excess  of  the  said 
usual  business  rates,  even  though  higher  rates  may  be  fixed  by  general 
law  for  other  cities  of  the  State. 

ARTK^LP]  VI 11. 

DEPARTMENT  OF   PUBLIC   AFFAIRS. 

%S.  Police  and  Fire  Departments. — The  council  shall,  by  ordinance, 
provide  for  the  establishment  and  maintenance  of  a  police  department  and 
of  a  fire  department,  consisting  of  such  employes  as  it  may  deem  neces- 
sary. 

69.  roniniissioner  to  Have  Supervision. — The  Commissioner  of  Public 
Affairs  shall  have  supervision  and  control  of  the  police  and  fire  depart- 
ments except  as  otherwise  provided  in  this  Charter  or  by  ordinance. 

MUNICIPAL   COURT. 

70.  Judge  and  JurisdJction. — The  Judge  of  the  Municipal  Court  of  the 
city  shall  have  all  the  jurisdiction,  powers,  duties,  and  limitations  of  a 
police  magistrate  as  provided  in  Sections  4931  to  4945,  inclusive,  of  the 
Revised  Statutes  of  Colorado,  1908,  except  as  otherwise  provided  by  this 
Charter.  The  mayor  of  the  city  shall  be  the  judge  of  such  Municipal 
Court  unless  otherwise  provided  by  ordinance,  and  shall  have  exclusive 
original  jurisdiction  to  hear,  try,  and  determine  all  charges  of  misde- 
meanor as  declared  by  this  charter,  and  all  causes  arising  under  this 
charter  or  any  of  the  ordiaances  of  the  city  for  a  violation  thereof.    There 

19 


shall   be  uo   trial    l).\    jury,  and  there  shall   be  no  change  of   venue    troni 
said  Court. 

ARTICLE  IX. 

DEPARTMENT  OF  FINANCE  AND   SUPPLIES. 

71.  Fiscal  Year  Same  as  Calendar  Tear.— The  fiscal  year  of  the  city 
shall  commence  on  the  first  day  of  January  and  end  on  the  last  day  of 
December  of  each  year. 

72.  Public  Moneys. — The  Commissioner  of  Finance  and  Supplies  shall, 
under  the  power  and  control  of  the  city  council,  have  the  direct  manage- 
ment of  the  revenues  of  the  city  except  as  otherwise  provided  by  this 
charter,  or  by  ordinance.  He  shall  be  ex  officio  city  treasurer,  with  the 
usual  duties  and  powers  of  that  office. 

The  cash  balances  of  the  city  in  the  hands  of  the  city  treasurer  for 
deposit  in  the  banks,  shall  be  kept  on  deposit  in  each  of  the  banks  of  the 
city  without  discrimination,  in  proportion  to  their  capital  stock  as  far  as 
possible.  Nothing  herein  shall  prevent  said  treasurer  from  temporarily 
having  such  funds  otherwise  deposited,  provided,  that  as  soon  as  practi- 
cable, he  shall  re-deposit  such  deposits.  Before  making  such  deposits, 
however,  said  treasurer  shall  require  a  good  and  sufficient  surety  bond 
from  each  bank  to  receive  such  deposit. 

No  demand  for  money  against  the  city  shall  be  approved,  allowed, 
audited  or  paid  unless  it  shall  be  in  writing,  dated,  and  sufficiently  item- 
ized to  identify  the  expenditure  and  shall  first  be  audited  by  the  Com- 
missioner at  the  head  of  the  department  creating  the  same. 

The  council  shall,  by  ordinance,  provide  a  system  for  the  collection, 
custody,  and  disbursement  of  all  public  moneys,  and  a  system  of  account- 
ing for  the  city,  establishing  as  nearly  as  may  be,  a  uniform  system  of 
municipal  accounting,  such  system  to  be  in  accord  with  the  provisions 
of  this  charter. 

73.  Duties  of  Purchasing  Agent. — The  Commissioner  of  Finance  and 
Supplies  shall  procure  all  supplies  ordered  by  the  city  council  in  such 
manner  as  it  may  direct.  He  shall  also  procure  supplies  for  any  commis- 
sioner upon  requisition  therefor.  Such  requisition  shall  be  in  writing, 
shall  state  the  quality,  quantity,  and  kind  of  material  required,  whether 
urgency  demands  -that  the  order  be  made  by  wire,  whether  the  supplies 
should  come  by  express  or  otherwise,  and  the  probable  cost  thereof,  in 
detail,  if  known.  In  case  of  emergency,  where  the  estimated  cost  exceeds 
Two  Hundred  ($200)  Dollars,  such  requisition  shall  have  the  indorsement 
of  one  other  commissioner.  If  no  emergency  exists,  a  requisition  for  sup- 
plies, the  estimated  cost  of  which  is  above  One  Hundred  ($100.00)  Dollars, 
shall  first  be  approved  by  the  council.  Whenever  he  considers  it  prac- 
tical and  advantageous,  the  purchasing  agent  shall  advertise  for  competi- 
tive proposals  for  any  supplies  in  a  public  newspaper,  or  by  circular  let- 
ters,  or    other    means,    sent   to    several    competitive    dealers.      All    such 

20 


requisitions,  correspondence,  and  competitive  bids  received  shall  be  kept 
on  file  in  the  office  of  the  Commissioner  of  Supplies. 

74.  Special  Revemies  Limited. — No  occupation  or  license  tax  shall 
be  assessed,  levied,  or  collected  against  any  merchant  or  manufacturer 
for  the  sale  or  manufacture  of  goods,  wares  or  merchandise,  who  pays 
an  annual  tax  thereon  under  the  revenue  laws  of  the  State;  nor  against 
persons  who  sell  commodities  manufactured  or  raised  by  themselves  in 
this  State;  nor  against  any  person  selling  fruits  and  vegetables.  No  poll 
tax  shall  ever  be  levied  or  collected  by  the  city  for  any  purpose  what- 
soever. 

75.  Adoption  of  Existing-  Law. — Until  the  council  shall  otherwise  by 
ordinance  provide,  the  statutes  of  the  State  of  Colorado  now  or  hereafter 
In  force,  shall  govern  the  making  of  assessments  by  the  Assessor  of  the 
County  in  which  the  city  is  situated,  the  making  of  equalization  by  the 
Board  of  County  Commissioners  of  said  County,  and  the  collection  of  taxes 
by  the  Treasurer  of  said  County  for  and  on  behalf  of  the  city,  and  also  the 
certification  and  collection  of  all  delinquent  charges,  assessments  or  taxes. 

76.  Certificate  of  Assessment. — It  shall  be  the  duty  of  the  Commis- 
sioner of  Finance  and  Supplies  to  procure,  as  soon  as  available  each  year, 
a  certificate  from  the  County  Assessor  of  the  total  amount  of  property  as- 
sessed for  taxation  within  the  limits  of  the  city,  as  shown  by  the  assess- 
ment roll  in  the  Assessor's  office. 

77.  Department  Estimates  of  Annual  Kequirement^. — On  or  before  the 

first  Monday  in  October  each  year,  or  on  such  date  as  shall  be  fixed  by 
the  council,  the  heads  of  the  departments,  offices,  boards,  and  commis- 
sions, shall  send  to  the  Commissioner  of  Finance  and  Supplies,  a  careful 
estimate  in  writing  of  the  amounts,  specifying  in  detail  the  objects  thereof, 
required  for  the  business  and  proper  conduct  of  their  respective  depart- 
ments, offices,  boards  and  commissions  during  the  next  ensuing  fiscal 
year. 

78.  Annual  General  City  Estimate. — On  or  before  the  third  Monday 
in  October  each  year,  or  on  such  date  as  shall  be  fixed  by  the  council,  the 
Commissioner  of  Finance  and  Supplies  shall  submit  to  the  council  an 
estimate  of  the  probable  expenditure  of  the  city  government  for  the  next 
ensuing  fiscal  year,  stating  the  amount  required  to  meet  the  interest  and 
maturing  bonds  of  the  outstanding  indebtedness  of  the  city,  and  the  war- 
rants of  all  the  departments  of  the  municipal  government  in  detail,  and 
showing  specifically  the  amount  necessary  to  be  provided  for  each  fund 
and  department;  also  an  estimate  of  the  amount  of  income  from  fines, 
licenses,  water  rents,  and  all  other  sources  of  revenue,  exclusive  of  taxes 
upon  property,  and  the  probable  amount  required  to  be  levied  and  raised 
by  taxation  to  defray  all  expenses  and  liabilities  of  the  city. 

79.  Annual  Budget. — The  council  shall  meet  annually,  prior  to  fixing 
the  tax  levy,  and  make  a  budget  of  the  estimated  amounts  required  to  pay 
the  expenses  of  conducting  the  business  of  the  city  government  for  the 

21 


next  ensuing  fiscal  year.  The  bHdget  shall  be  prepared  in  such  detail; 
as  to  the  aggregate  sum  and  the  items  thereof  allowed  to  each  depart- 
ment, office,  board  or  commission  as  the  council  may  deem  advisable. 

80.  Annual  Appropriation.— Upon  said  budget  as  adopted  and  filed,  the- 
councll  shall  pass  an  ordinance,  not  later  than  the  thirty-first  day  of  De- 
cember, in  each  year,  which  shall  be  entitled  "The  Annual  Appropriation 
Ordinance",  in  which  it  shall  appropriate  such  sums  of  money  as  it  may 
deem  necessary  to  defray  all  expenses  and  liabilities  of  the  city,  and  in 
such  ordinance  shall  specify  the  objects  and  purposes  for  which  such 
appropriations  are  made,  and  the  amount  appropriated  for  each  object 
and  purpose  therein  named  for  the  ensuing  fiscal  year. 

81.  Levy. — Such  ordinance  shall  include  the  proper  levy  in  mills  upon 
each  dollar  of  the  assessed  valuation  of  all  taxable  property  within  th& 
city,  such  levy  representing  the  amount  of  taxes  for  city  purposes  neces- 
sary to  provide  for  payment  during  the  ensuing  fiscal  year  of  all  properly 
authorized  demands  upon  the  treasurer,  and  the  council  shall  thereupon 
cause  the  total  levy  to  be  certified  by  the  city  clerk  to  the  County  Assessor, 
who  shall  extend  the  same  upon  the  tax  list  of  the  current  year  in  a 
separate  column  entitled:  "THE  CITY  OF  GRAND  JUNCTION  TAXES", 
and  shall  include  said  city  taxes  in  his  general  warrant  to  the  County 
vided,  then  the  rate  last  fixed  shall  be  the  rate  fixed  for  the  ensuing  fis- 
cal year. 

The  amount  required  to  make  payment  of  any  interest,  or  principal  of 
bonded  indebtedness,  shall  always  be  included  in  and  met  liy  tax  levy  ex- 
cept as  otherwise  provided  in  this  charter. 

Treasuier  for  collection,  as  provided  by  law. 

If  the  council  fails  in  any  year  to  make  said  tax  levy  as  above  pro- 

82.  No  LiaMlity  Witliont  Appropriation. — Except  as  herein  otherwise 
specially  provided,  the  city  expenditures  in  any  one  year  shall  not  be 
increased  over  and  above  the  amount  provided  in  the  annual  appropria- 
tion ordinance  for  that  year,  and  no  contract  involving  the  expenditure, 
and  no  expenditure  for  any  improvement  to  be  paid  out  of  the  general  or 
special  funds  of  the  city  or  for  defraying  the  expenses  and  liabilities  of 
!he  city  shall  exceed,  in  any  one  year,  the  amount  provided  in  the  annual 
appropriation  ordinance  to  be  paid  out  of  the  said  general  and  special 
funds  so  appropriated  and  set  apart,  but  the  said  several  funds  shall  b« 
maintained  for,  used  and  devoted  to  the  particular  purposes  specified  in 
the  annual  appropriation  ordinance. 

It  shall  not  be  lawful  for  any  department  or  officer  of  the  city  to  incur 
or  contract  any  expense  or  liability  for  or  on  behalf  of  the  city  unless 
such  an  appropriation  shall  have  been  made  concerning  such  expense. 
Such  contract  shall  be  ab  initio  null  and  void  as  to  the  city  for  any  other 
or  further  liability:  provided,  first,  that  nothing  herein  contained  shall 
nrevent  the'council  from  providing  by  ordinajice  for  payment  of  any  ex- 
pense, the  necessity  of  which  is  caused  by  any  casualty,' accident  or  un- 
I'oreseen  contingency  arising  after  the  passage  of  the  annual  appropria- 

22 


ticn  ordinance;  and,  second,  that  the  provisions  of  this  section  shall  not 
a])i)]y  to  or  limit  the  authority  conferred  in  relation  to  bonded  indebted- 
ness, nor  for  moneys  to  be  collected  by  special  assessments  for  local 
improvements. 

!<3.  S}!ecial  Appropriations  for  1909  and  1910. — The  council  shall  dur- 
ing the  year  1909,  pass  such  special  appropriation  ordinances  as  may  be 
necessary  to  pay  the  salaries  and  defray  the  expenses  of  any  and  all  de- 
partments, officers  and  employes  of  the  city  for  the  years  1909  and  1910, 
but  not  thereafter;  and  the  warrants  for  the  payment  of  such  salaries  and 
expenses  after  being  duly  allowed  and  audited,  may  be  drawn  against  such 
appropriation,  and  the  amount  so  required  for  the  payment  of  such  war- 
rants, or  so  much  thereof  as  may  be  necessary,  shall  be  payable  out  of 
any  available  moneys  not  otherwise  appropriated,  or  failing  such  moneys, 
the  warrants  shall  be  registered  and  payable  out  of  the  revenue  for  the 
next  ensuing  fiscal  year,  which  shall  be  sufl[icient  to  pay  the  same. 

IS4.  t'oliection  of  Taxes. — Until  the  council  shall  otherwise  by  ordi- 
nance provide,  the  county  treasurer  shall  collect  city  taxes  in  the  same 
manner  and  at  the  same  time  as  State  taxes  are  collected,  and  all  laws  of 
this  State  for  the  assessment  of  property  and  the  levy  and  collection  of 
general  taxes,  including  laws  for  the  sale  of  property  for  taxes,  and  the 
redemption  of  the  same,  shall  apply  and  have  as  full  effect  in  respect 
of  taxes  for  the  city  as  of  such  general  taxes,  except  as  modified  by  this 
charter. 

On  or  before  the  fifth  day  of  every  month,  the  county  treasurer  shall 
report  and  pay  to  the  city  treasurer  the  amount  of  tax  collections  of  the 
city  for  the  preceding  month. 

85.  City  Indebtedness. — The  indebtedness  of  the  city  shall  be  incurred 
and  limited  as  provided  in  Article  XI  of  the  constitution  of  the  State  of 
Colorado. 

86.  Special  Statutes  Continued  in  Force. — The  provisions  of  Sections 
6657  and  66-58  of  the  Revised  Statutes  of  Colorado,  1908,  relating  to  side- 
walks, and  of  Sections  6687  to  6694  thereof  inclusive,  relating  to  refund- 
ing bonds,  are  hereby  made  and  declared  to  be  in  full  force  and  effect  in 
th»e  city  until  otherwise  provided  by  ordinance. 

ARTK'LE  X. 

DEPARTMENT  OF  HIGHWAYS. 

87.  No  FauncT  Contracts. — Whenever  any  streets,  avenues,  or  alleys 
are  to  be  paved  by  the  city,  such  work  shall  be  done  by  the  Commissioner 
of  Highways,  who  shall  procure  the  material  though  the  Commissioner  of 
Supplies,  and  shall  employ  the  necessary  labor.  In  no  event  shall  such 
work  be  let  out  on  contract. 

artic;le  XI. 

DEPARTMENT  OF  HEALTH  AND  CIVIC  BEAUTY. 

88.  Assistants  and  Employes.    The  city  council  shall  appoint  a  health 

23 


officer,  and  may  appoint  a  plumbing  inspector,  and  all  such  assistants  and 
employes  as  are  necessary  to  the  efficient  administration  of  this  depart- 
ment. 

89.  Qualifications  of  Health  Officer. — The  health  officer  shall  be  a 
graduate  of  a  reputable  medical  college,  and  shall  have  practiced  medicine 
and  been  a  resident  of  this  city  for  at  least  two  years  next  preceding 
his  appointment.  He  shall  be  licensed  to  practice  medicine  in  this  State; 
and  shall  have  his  license  recorded  witfe  the  County  Clerk  and  Recorder 
of  yiesa.  County  in  accordance  with  the  laws  of  the  State  regulating  the 
practice  of  medicine.  Such  health  officer  shall  devote  such  time  as  is 
necessary  to  the  duties  of  his  office. 

90.  Power  of  Arrest. — The  Commissioner  of  Health  and  Civic  Beauty, 
and  all  salaried  employes  of  the  department  of  health,  shall  have  the 
right  and  power  to  arrest  any  person  or  persons  who  may  violate  any  of 
the  rules  or  regulations  of  the  department. 

91.  Qualification  of  Employes. — The  plumbing  inspector  and  other 
employe.s  shall  be  persons  properly  skilled  and  qualified  for  the  efficient 
and  capable  performance  of  their  respective  duties. 

92.  KesnilatJons. — The  council  shall  make  all  ordinances  and  regula- 
tions which  may  be  necessary  or  expedient  for  the  preservation  of  the 
public  health  and  the  suppression  of  disease. 

ARTICLE  XII. 

DEPARTMENT   OF  WATER   AND    SEWERS. 

93.  Ifc'partnient  an  Entitj-. — The  Department  of  Water  and  Sewers 
shall  embrace  all  property  rights  and  obligations  of  the  city  in  respect  to 
water,  water  works,  and  sewers,  and  shall,  as  far  as  practicable,  be  ad- 
ministered as  an  entity.  All  contracts,  records,  and  muniments  of  title 
pertaining  thereto  shall  be  assembled  and  carefully  preserved,  and  ac- 
counts shall  be  kept  of  its  assets,  liabilities,  receipts,  and  disbursements, 
separate  and  distinct  from  the  accounts  of  any  other  department. 

94.  Conimissioner  Administer  Department. — The  Commissioner  of  Wa- 
ter and  Sewers  is  charged  with  the  administration  of  said  department, 
and  with  the  supply  of  water  to  consumers.  He  shall  appoint  all  such 
officers,  assistants,  and  skilled  employes  as  may  be  necessary,  and  may 
secure  the  services  or  advice  of  hydraulic  engineers,  special  counsel,  and 
other  experts  for  such  compensation  as  may  be  approved  by  the  council. 
He  shall  preserve  the  water  supply  of  the  city  from  impairment  and  pol- 
lution, and  secure  at  all  times  a  supply  of  potable  water  adequate  for  the 
growing  needs  of  the  city.  He  shall  cause  comparative  investigation  to 
be  made  of  all  available  reservoir  sites,  springs,  and  sources  of  such  water 
supply,  and  report  thereon  to  the  council  with  his  recommendations.  He 
shall   prepare  and  submit  to  the  council   measures  for  the  storage   and 

24 


augmenting   of   the   water   supply,    and    cause    adequate    water    measure- 
ments and  tests  to  be  made  and  the  record  thereof  preserved. 

95.  Duties  of  Coiniiiissioner. — He  shall  keep  such  books  of  account  as 
are  required  by  Article  XIV  of  this  charter,  make  an  annual  full  detailed 
report  of  all  the  assets  and  liabilities,  receipts  and  expenditures  of  his 
department,  including  cost  of  maintenance,  extension,  and  improvements; 
and  he  shall  annually  estimate  the  difference  in  cost  between  municipal 
and  private  ownership  of  city  water  works.  He  shall  take  charge  of  all 
construction  work  of  the  water  and  sewer  systems,  and  keep  the  said 
systems  in  good  repair  and  working  order  at  all  times.  He  shall  not  let 
the  work  for  any  extension  or  new  construction  on  contract,  but  the  same 
shall  be  done  directly  by  the  city,  procuring  the  necessary  labor  and 
material.  The  character  of  any  extensions  to  be  undertaken  and  the  ex- 
tent thereof  shall  be  determined  by  the  city  council. 

96.  Rates — Regnilations — Fines. — The  city  council  shall  by  ordinance 
fix  rates,  establish  regulations  for  the  use  of  water  by  consumers,  provide 
for  the  orderly  administration  of  the  department,  and  impose  fines  and 
penalties  for  the  violation  thereof.  Such  ordinance  shall  establish  a  uni- 
form system  of  rates  for  the  use  of  water  by  consumers,  from  which 
rates  there  shall  be  no  rebates  or  reductions,  it  being  the  intent  hereof  to 
prevent  any  consumers  of  water  from  having  any  advantage  or  favor  over 
other  consumers,  by  contract  or  otherwise,  except  as  herein  provided. 

Whenever  the  revenue  from  the  water  works  system  shall  produce  a 
surplus  over  and  above  the  cost  of  maintenance,  and  interest  on  the  cost 
of  construction,  It  shall  be  the  duty  of  the  city  council  to  reduce  the  rates 
to  consumers  so  that,  as  far  as  practicable,  the  people  may  receive  the 
benefits  of  this  department  at  not  more  than  actual  cost. 

All  consumers  of  water  living  outside  of  the  city  limits  shall  pay  not 
less  than  double  the  rates  so  established  and  fixed  for  users  within  the 
city  limits. 

ARTICLE  XIII. 

OFFICERS   AND   EMPLOYES. 

97.  Officers — Employes. — The  elective  officers  shall  be  the  only  officers 
of  the  city.  All  other  persons  in  the  service  of  the  city,  or  any  commis- 
sion, or  board  thereof,  are  hereby  declared  to  be  employes,  and  subject  to 
removal  by  the  council  at  any  time,  at  its  pleasure,  and  without  cause 
except  as  otherwise  provided  by  this  charter.  The  powers,  duties,  and 
compensation  of  all  salaried  employes  shall  be  fixed  by  ordinance. 

98.  City  Attorney. — The  city  attorney  shall  be  appointed  by  the  coun- 
cil, and  shall  be  the  legal  adviser  of  the  mayor,  council,  commissioners, 
and  departments,  and  shall  conduct  all  cases  in  court  wherein  the  city 
shall  be  a  party,  plaintiff  or  defendant,  or  a  party  in  interest;  and  shall 
jiprfnrm  such  other  duties  as  are  required  by  ordinance. 

99.  Oath  of  Office. — Every  officer  or  salaried  employe  shall,  before  he 
enters  upon  the  duties  of  his  o.Tice,  take,  subscribe,  and  file  with  the  clerk 

2.5 


an  oath  or  affirmation  to  support  the  constitution  of  the  United  States,  the 
constitution  of  the  State  of  Colorado,  and  the  charter  and  ordinances  of 
the  city  of  Grand  Junction,  and  faithfully  to  perform  the  duties  of  the 
position  upon  which  he  is  about  to  enter. 

100.  Bonds. -Any  officer  or  employe  required  to  give  bond,  shall  not 
be  qualified  for  his  office  or  employment  until  such  bond  has  been  duly 
approved,  by  the  council,  and  filed  with  the  clerk  who  shall  have  custody 
thereof. 

101.  Xo  Extra  Compensation. — Xo  officer  or  employe  shall  solicit  or 
receive  any  pay,  commission,  money,  or  thing  of  value,  or  derive  any  benefit, 
profit  or  advantage,  directly  or  indirectly,  from  or  by  reason  of  any  deal- 
ings with,  or  service  for  the  city,  by  himself  or  by  others,  or  from  or  by 
reason  of  any  improvements,  alterations,  or  repairs  required  by  authority 
of  the  city  except  his  lawful  compensation  or  salary  as  such  officer  or 
employe.  No  officer  or  salaried  employe  of  the  city  shall,  except  as  other- 
wise provided  by  this  charter,  accept,  directly  or  indirectly,  from  any  rail- 
road, telegraph,  or  telephone  company,  or  from  any  owner  of  any  public 
utility  franchise  in  the  city,  any  pass,  frank,  free  ticket,  free  service  or 

•other  service  upon  terms  more  favorable  than  those  granted  to  the  public 
generally.    Any  violation  of  this  section  shall  be  a  misdemeanor. 

102.  Opinions  >ot  Affect  .Appointments. — Xo  appointment  to  any  posi- 
tion under  the  city  government  shall  be  made  or  withheld  by  reason  of 
any  religious  or  political  opinions,  or  affiliation?,  or  political  service;  and 
no  appointment  or  election  to,  or  removal  from,  any  office  or  employment, 
and  no  transfer,  promotion,  reduction,  reward  or  punishment  shall  be  in 
any  manner  affected  or  made  by  reason  of  such  opinions,  affiliations,  or 
service. 

103.  OfHcial  Books  and  Docinnents. —  (a)  All  books,  records,  and  pa- 
pers of  each  office,  department,  board  or  commissioner,  are  city  property 
and  must  be  kept  as  such  by  the  proper  official  or  employe  during  his  con- 
tinuance in  office,  and  delivered  to  his  successor,  who  shall  give  duplicate 
receipts  therefor,  one  of  which  shall  be  filed  with  the  city  clerk.  The 
failure  to  so  deliver  such  books,  records,  and  papers,  shall  be  a  misde- 
meanor. 

(b)  Certified  copies  or  extracts  from  the  books,  records,  and  files 
shall  be  given  by  the  officer,  board,  commission  or  employe  having  the 
same  in  custody  to  any  person  demanding  the  same,  and  paying  for  such 
copy,  or  extract;  but  the  records  of  the  police  department  shall  not  be 
subject  to  inspection  or  copy  without  the  permission  of  the  mayor. 

fc)  All  equipment,  collections,  models,  materials,  construction  tools 
and  implements,  which  are  collected,  maintained,  used,  or  kept  by  the 
city,  or  by  any  department,  board  or  commission,  shall  be  city  property, 
and  be  turned  over  by  the  custodian  thereof  to  his  successor,  or  duly  ac- 
counted for. 

104.  Payment  of  Debts. — Failure  of  any  employe  to  promptly  pay  any 
legal  indebtedness  contracted  by  him  while  in  the  service  of  the  city  shall 
■be  ground  for  his  removal   from  such  employment. 

26 


ARTICLE  XIV. 

FRANCHISES    AND    PUBLIC    UTILITIES. 

105.  Franchise  Granted  Upon  Vote. — No  franchise  relating  to  any 
street,  alley,  or  public  place  of  the  said  city  shall  be  granted  except  upon 
the  vote  of  the  qualified  taxpaying  electors,  and  the  question  of  its  being 
granted  shall  be  submitted  to  such  vote  upon  deposit  with  the  treasurer 
of  the  expense  (to  be  determined  by  said  treasurer)  of  such  submission 
by  the  applicant  for  said  franchise,  and  no  such  franchise  shall  be  granted 
unless  a  majority  of  such  electors  voting  thereon  vote  in  favor  thereof. 

106.  Contracts  for  Service. — All  contracts  for  service  between  the  city 
and  the  owner  or  manager  of  any  such  franchise,  shall  be  made  by  ordi- 
nance, the  terms  of  which  shall  be  agreed  to  in  writing  by  said  owner  or 
manager  prior  to  the  passage  of  such  ordinance.  No  contract  for  service- 
shall  be  made  by  the  city  for  a  longer  period  than  two  years  unless  such 
contract  be  submitted  to  a  vote  of  the  qualified  electors  of  the  city,  and 
approved  by  a  majority  of  those  voting  on  said  question. 

107.  Franchise  Specify  Streets.^All  franchises  or  privileges  hereafter 
granted  for  laying  tracks  or  pipes,  or  supplying  heat,  light,  or  power,  shall 
plainly  specify  on  what  particular  streets,  alleys,  avenues,  or  other  pub- 
lic property,  the  same  shall  apply;  and  any  other  franchise  shall  state 
the  bounds  of  the  district  or  districts  in  which  it  shall  be  exercised;  and 
no  franchise  or  privilege  shall  hereafter  be  granted  by  the  city  in  general 
terms  or  to  apply  to  the  city  generally. 

108.  Power  to  Regulate  Rates  and  Fares. — All  power  to  regulate  the 
rates,  fares,  rentals  and  charges  for  service  by  public  utility  corporations 
is  hereby  reserved  to  the  people  to  be  exercised  by  them  by  ordinance  of 
the  council,  or  in  the  manner  herein  provided  fcr  initiating  or  referring, 
an  ordinance.  Any  right  of  regulation  shall  further  include  the  right  to 
require  uniform,  convenient,  and  adequate  service  to  the  public  and  rea- 
sonable extensions  of  such  service  and  of  such  public  utility  works.  The 
granting  of  a  franchise  shall  not  be  deemed  to  confer  any  right  to  include 
in  the  charge  for  service  any  return  upon  the  value  of  the  franchise  or 
grant  itself. 

109.  Ordinance  in  Plain  Terms. — Xo  franchise,  right,  privilege,  or  li- 
eense  shall  be  considered  as  granted  by  any  ordinance  except  when 
granted  therein  in  plain  and  unambiguous  terms,  and  any  and  every  am- 
biguity therein  shall  be  construed  in  favor  of  the  city  and  against  the- 
claimant  under  said  ordinance. 

IM).  Issuance  of  Stock. — Every  ordinance  granting  any  franchise  shall 
prohibit  the  issuing  of  any  stock  on  account  thereof  by  any  corporation 
holding  or  doing  business  thereunder. 

111.  License  Tax. — The  city  shall  have  the  right  to  license  or  tax 
street    cars,   telephones,   gas   meters,   electric   meters,   water   meters,   or- 


any  other  similar  device  for  measuring  service;  also  telephone,  telegraph, 
electric  light,  and  power  poles,  subways  and  wires.  The  said  license  or 
tax  shall  be  exclusive  of  and  in  addition  to  all  other  lawful  taxes  upon 
the  property  of  the  holder  thereof. 

112.  Special  Privilcfi'es  ou  Street  Kaiiroad. — The  grant  of  every  fran- 
chise for  a  street,  suburban,  or  interurban  railroad  shall  provide  that  all 
United  States  mail  carriers  and  all  policemen  and  firemen  of  the  city  in 
uniform,  and  all  elective  officers,  shall  at  all  times,  while  in  the  actual 
discharge  of  their  duties,  be  allowed  to  ride  on  the  cars  of  such  railroad 
within  the  boundaries  of  the  city  without  paying  therefor,  and  with  all 
the  rights  of  other  passengers. 

113.  Railroad  Elevate  or  Lower  Tracks. — The  council  shall,  by  ordi- 
nance, require  under  proper  penalties,  any  railroad  companj',  whether 
steam  or  electric,  to  elevate  or  lower  any  of  its  tracks  running  over, 
along,  or  across  any  of  the  streets  or  alleys  of  the  city,  whenever  in  the 
op'iiion  of  the  cojncil  the  public  safety  or  convenience  requires. 

114.  Street  Sprinkling,  Cleaning  and  Paving. — Every  grant  of  any 
franchise  or  privilege  in,  over,  under  or  along  any  of  the  streets,  high- 
ways or  public  places  in  the  city  for  railway  purposes,  shall  be  subject 
to  the  condition^  that  the  person,  firm  or  corporation  exercising  or  en- 
joying the  same  s!nll,  unless  otherwise  provided  by  ordinance,  sprinkle, 
clean,  keep  in  repan.  and  pave  and  repave  so  much  of  said  street,  high- 
way or  other  public  piace  as  may  be  occupied  by  said  railway  as  lies  be- 
tween the  rails  of  each  ailway  track,  and  between  the  lines  of  double 
track,  and  for  a  space  of     vo  feet  outside  of  said  track. 

115.  Franchise  Provide  foi  ^ulcty.  Etc. — The  grant  of  every  franchise 
or  privilege  shall  be  subject  to  the  right  of  the  city,  whether  in  terms  re- 
served or  not,  to  make  any  regulations  for  the  safety,  welfare,  and  ac- 
commodation of  the  public,  including  among  other  things,  the  right  to 
require  proper  and  adequate  extensions  of  the  service  of  such  gi  ant,  the 
right  to  require  any  or  all  wires,  cables,  conduits,  and  other  like  appli 
ances,  to  be  placed  under  ground,  and  the  right  to  protect  the  public  from 
danger  or  inconvenience  in  the  operation  of  any  work  or  business  author- 
ized by  the  grant  of  the  franchise. 

116.  Oversight  of  Water  Reserved  to  City. — Every  franchise,  right  or 
privilege  which  has  been,  or  which  may  hereafter  be  granted,  conveying 
any  right,  i)erniission  or  privilege  to  the  use  of  the  water  belonging  to 
the  city,  or  to  its  water  system,  shall  always  be  subject  to  the  most  com- 
prehensive oversight,  management,  and  control  in  every  particular  by  the 
city;  and  such  control  is  retained  by  the  city  in  order  that  nothing  shall 
ev'er  be  done  by  any  grantee  or  assignee  of  any  such  franchise,  right  or 
privilege  which  shall  in  any  way  interfere  with  the  successful  operation 
of  the  water  works  of  the  city,  or  which  shall  divert,  impair,  or  render  the 
same  inadequate  for  the  complete  performance  of  the  trust  for  the  people 
under  which  such  water  works  are  held  by  the  city,  or  which  shall  tend 
so  to  do. 

28 


117.  No  Exclusive  Franchise — Benewaf. — No  exclusive  franchise  shall 

eVer  be  granted,  and  no  franchise  shall  be  renewed  before  one  year  prior 
to  its  expiration. 

118.  No  Franchise  Leased  Except. — No  franchise  granted  by  the  city 
shall  ever  be  leased,  assigned,  or  otherwise  alienated  without  the  express 
consent  of  the  city,  and  no  dealing  with  the  lessee  or  assignee  on  the  part 
of  the  city  to  require  the  performance  of  any  act  or  payment  of  any  com- 
pensation by  the  lessee  or  assignee,  shall  be  deemed  to  operate  as  such 
consent.  Any  assignment  or  sale  of  such  franchise  to  any  foreign  corpora- 
tion, shall  operate  as  a  forfeiture  to  the  city  of  such  franchise. 

119.  Amendment,  Renewal,  Extension  or  Enlargement  of  Franchise. — 

No  amendment,  renewal,  extension,  or  enlargement  of  any  franchise,  or 
grant  of  rights  or  powers  previously  or  heretofore  granted  to  any  corpora- 
tion, person,  or  association  of  persons,  shall  be  made  except  in  the  man- 
ner and  subject  to  all  the  conditions  provided  in  this  article  for  the  mak- 
ing of  original  grants  and  franchises.  The  city  shall  require  as  a  condi- 
tion of  any  amendment,  alteration,  or  enlargement  of  a  franchise  or  grant, 
unless  otherwise  expressly  determined  by  a  majority  vote  of  the  qualified 
electors  of  the  city,  that  the  person,  association,  or  corporation  owning 
the  original  franchise  or  grant,  shall,  as  a  prior  condition  to,  and  in  con- 
sideration for  such  amendment,  alteration,  or  enlargement,  covenant  and 
agree,  as  a  part  thereof,  that  such  original  franchise  shall  be  brought 
within  all  tlie  conditions  provided  in  this  article  for  the  exercise  and  en- 
joyment of  franchises  hereafter  granted,  including  the  right  of  the  city 
to  purchase  the  plant  and  physical  property,  whether  within  or  without 
the  city  limits,  or  both,  at  a  fair  valuation,  which  valuation  shall  not  in- 
clude any  franchise  value,  or  any  earning  power  of  such  property. 

120.  Provision  for  Common  Use  of  Traclts,  Poles,  Etc. — The  city  may, 
by  ordinance,  require  any  person  or  corporation  holding  a  franchise  from 
the  city  for  any  public  utility,  to  allow  the  use  of  any  of  its  poles,  tracks, 
wires,  conduits,  or  electric  current  by  any  other  person  or  corporation  to 
which  the  city  shall  grant  a  franchise,  upon  the  payment  of  a  reasonable 
rental  therefor;  and  any  franchise  or  right  which  may  hereafter  be 
granted  to  any  person  or  corporation  to  operate  a  street  railway,  or  other 
public  service,  within  the  city  or  its  suburbs,  shall  be  subject  to  the  con- 
dition that  the  city  shall  have  the  right  to  grant  to  any  other  person  or 
corporation  desiring  to  build  or  operate  a  street  railway,  interurban  rail- 
way, or  other  public  service,  within  or  into  the  city,  the  right  to  operate 
its  cars  over  the  tracks  of  said  street  railway,  or  to  utilize  its  poles,  wires, 
conduits,  or  electric  current,  in  so  far  as  may  be  necessary  to  enter  the 
city  and  to  reach  any  section  thereof;  provided,  that  the  person  or  cor- 
poration desiring  to  operate  its  cars  over  the  lines  of  said  street  railway, 
or  to  use  such  other  public  service,  shall  first  agree  in  writing  with  the 
owner  thereof  to  pay  it  a  reasonable  compensation  for  such  operation  or 
use.  And  if  the  person  or  corporation  desiring  to  use  the  same  cannot 
agree  with  said  owner  as  to  said  compensation,  within  sixty  days  from 

29 


•oftering  in  writing  so  to  do,  and  as  to  terms  and  conditions  for  such  use, 
then  the  council  shall,  by  resolution,  after  a  fair  hearing  to  the  parties 
concerned,  fix  the  terms  and  conditions  of  such  use  and  compensation  to 
be  paid  therefor,  which  award  of  the  council  when  so  made,  shall  be  final 
and  binding  on  the  parties  concerned. 

121.  Citj    3Iaiiitaiii    (ileneral    Supervision — Reports — Inspection. — The 

city  shall  maintain  general  supervision  and  police  control  over  all  public 
utility  companies  in  so  far  as  they  are  subject  to  municipal  control.  It 
shall  cause  to  be  instituted  such  actions  or  proceedings  as  may  be  neces- 
sary to  prosecute  public  utility  companies  for  violations  of  law. 

It  shall  require  every  person  or  corporation  operating  under  a  fran- 
chise or  grant  from  the  city,  to  submit  to  the  council  within  sixty  days 
after  the  first  day  of  January  of  each  year,  an  annual  report  verified  by 
the  oath  of  the  president,  the  treasurer,  or  the  general  manager  thereof. 

Such  reports  shall  be  in  the  form,  contain  such  detailed  information, 
and  cover  the  period  prescribed  by  the  council,  or  by  ordinance;  and  the 
council  shall  have  the  power,  either  through  its  members  or  by  experts 
or  employes  duly  authorized  by  it,  to  examine  the  books  and  affairs  of  any 
such  person,  persons  or  corporation,  and  to  compel  the  production  before 
them  of  books  and  papers  pertaining  to  such  report  or  other  matters. 

Any  such  person,  persons,  or  corporation  which  shall  fail  to  make  any 
such  report,  shall  be  liable  to  a  penalty  of  one  hundred  dollars  and  an 
additional  penalty  of  one  hundred  dollars  for  each  and  every  day  there- 
after, during  which  he  shall  fail  to  file  such  report,  to  be  sued  for  and 
recovered  in  any  court  of  record  having  jurisdiction. 

The  mayor  shall,  either  personally  or  through  the  city's  inspectors  or 
employes  duly  authorized  by  the  council,  enter  into  or  upon  and  inspect 
the  buildings,  plants,  power  houses,  and  all  properties  of  any  such  per- 
son, persons,  or  corporation,  and  shall  inspect  the  same  at  least  once  a 
year,  and  shall  immediately  thereafter  report  to  the  council  a  detailed 
and  complete  statement  of  such  inspection. 

122.  Books  of  Record  and  Reference. — The  mayor  shall  provide  and 
cause  to  be  kept  in  his  ofRce  the  following  books  of  record  and  reference: 

First. — A  franchise  record,  indexed,  and  of  proper  form  in  which  shall 
be  transcribed  accurate  and  correct  copies  of  all  franchises  or  grants  by 
the  city  to  any  person,  persons,  or  corporation  owning  or  operating  any 
public  utility.  The  index  of  said  record  shall  give  the  name  of  the  grantee 
and  thereafter  the  name  of  any  assignee  thereof.  Said  record  shall  be  a 
complete  history  of  all  franchises  granted  by  the  city  and  shall  include  a 
comprehensive  and  convenient  reference  to  actions,  contests,  or  proceed- 
ings at  law,  if  any,  affecting  the  same. 

Second. — A  public  utility  record,  of  every  person,  j^ersons,  or  corpora- 
tion owning  or  operating  any  public  utility  under  any  franchise  granted 
by  the  city,  into  which  shall  be  transcribed  accurate  and  correct  copies 
of  each  and  every  franchise  granted  by  the  city  to  said  person,  persons, 
or  corporation,  or  which  may  be  controlled  or  acquired  by  them  or  it.  to- 
gether with  copies  of  all  annual  reports  and  inspection  reports,  as  hereia 

30 


provided,  and  such  other  matters  of  information  and  public  interest  as  the 
mayor  may,  from  time  to  time,  acquire.  In  case  annual  reports  are  not 
filed  and  inspections  are  not  made,  as  provided,  the  mayor  shall  record 
such  fact  in  the  public  utility  record,  and  in  writing,  report  the  same  to 
the  council.  All  such  annual  reports,  or  a  synopsis  thereof,  shall  be  pub- 
lished once  in  two  daily  newspapers  of  general  circulation,  published  in 
the  city,  or  printed  and  distributed  in  pamphlet  form,  as  the  council  may 
determine. 

The  provisions  of  this  section  shall  apply  to  all  persons  or  corpora- 
tions operating  under  any  franchise  now  in  force  or  hereafter  granted  by 
the  city. 

123.  Books  of  Acooimt — £xa  mi  nation. — The  city,  when  owning  any 
public  utility,  shall  keep  the  books  of  accounts  for  such  public  utility  dis- 
tinct from  other  city  accounts,  and  in  such  a  manner  as  to  show  the  true 
find  complete  financial  result  of  such  city  ownership,  or  ownership  and 
operation,  as  the  case  may  be.  Such  accounts  shall  be  so  kept  as  to 
siiow  the  actual  cost  to  the  city  of  the  public  utility  owned;  all  cost  of 
maintenance,  extension  and  improvement,  all  operating  expenses  of  every 
description,  in  case  «f  such  city  operation;  if  water  or  other  service  shall 
be  furnished  for  the  use  of  any  department  of  the  city  without  charge, 
the  accotmts  shall  show,  as  nearly  as  possible,  the  value  of  such  service; 
such  accounts  shall  also  show  reasonable  allowance  for  interest,  depre- 
ciation, and  insurance,  and  also  estimates  of  the  amount  of  taxes  that 
would  be  chargeable  against  such  property  if  owned  by  a  private  corpora- 
tion. The  council  shall  cause  to  be  printed  annually  for  distribution,  a 
report  showing  the  financial  results,  in  form  as  aforesaid,  of  such  city 
ownership,  or  ownership  and  operation.  The  accounts  of  such  public 
utility,  kept  as  aforesaid,  shall  be  examined  at  least  once  a  year  by  an  ex- 
pert accountant,  who  shall  report  to  the  council  the  result  of  his  examina- 
tion. Such  expert  accountant  shall  be  selected  in  stich  manner  as  the 
council  may  direct,  and  he  shall  receive  for  his  services  such  compensa- 
tion, to  be  paid  out  of  the  income  or  revenues  fram  such  public  utility,  as 
th-:  council  may  prescribe. 

124.  Term  >ot  Longer  Tlian  Twenty-Five  Years — Compensation. — No 

franchise,  lease  or  right  to  use  the  streets  or  the  public  places,  or  prop- 
erty of  the  city,  shall  be  granted  by  the  city,  except  as  in  this  charter  pro- 
vided, for  a  longer  period  than  twenty-five  years.  Every  grant  of  a  fran- 
chise shall  fix  the  amount  and  manner  of  the  payment  of  the  compensa- 
tion to  be  paid  by  the  grantee,  for  the  use  of  the  same,  and  no  other  com- 
pensation of  any  kind  shall  be  exacted  for  such  use  during  the  life  of  the 
franchise,  but  this  provision  shall  not  exempt  the  grantee  from  any  law- 
ful taxation  upon  his  or  its  property,  nor  from  any  licenses,  charges,  or 
impositions  not  levied  on  account  of  such  use. 

125.  City  .^lay  Pnrchase,  Operate  or  Sell — Procednre. — (a)  Every 
grant,  extension,  or  renewal  of  a  franchise  or  right  shall  provide  that  the 
city  may  upon  the  payment  therefor  of  its  fair  valuation,  purchase,  and 

31 


take  over  the  property  and  plant  of  the  grantee  in  whole  or  in  part;  such 
valuation  shall  be  made  as  provided  in  the  grant,  but  shall  not  include 
any  value  of  the  franchise  or  right  of  way  through  the  streets,  or  any 
earning  power  of  such  property.  The  valuation  may  include,  as  part  of 
the  cost  of  the  plant,  interest  on  actual  investment  during  the  period  of 
construction,  and  prior  to  operation.  Such  grant  may  provide  that  if  the 
purchase  is  made  within  five  years  of  the  time  when  the  franchise  is 
granted,  the  city  shall  pay  an  additional  sum  or  bonus  of  not  to  exceed 
ten  per  centum  (10%)  on  the  actual  value  of  the  tangible  property,  ex- 
clusive of  the  franchise  value,  which  additional  sum  or  bonus  shall  be  re- 
duced proportionately  from  such  five  year  period  to  the  end  of  the  fran- 
chise period  when  no  bonus  shall  be  given. 

The  procedure  to  effect  such  purchase  shall  be  as  follows: 
When  the  council  shall,  by  resolution,  direct  that  the  mayor  shall 
ascertain  whether  any  such  property  or  part  thereof,  should  be  acquired 
by  the  city,  or  in  the  absence  of  such  action  of  the  council,  when  a  peti- 
tion subscribed  by  qualified  electors  of  the  city,  eaual  in  number  to  at 
least  ten  per  centum  (10%)  of  the  last  preceding  vote  cast  in  the  city  for 
all  candidates  for  Governor  of  the  State  of  Colorado,  requesting  that  the 
mayor  shall  ascertain  whether  any  such  property  or  part  thereof,  should 
be  acquired  by  the  city,  shall  be  filed  with  the  clerk,  the  mayor  shall  forth- 
with carefully  investigate  said  property  and  report  to  the  council — 

(1)  At  what  probable  cost  said  property  may  be  acquired; 

(2)  What,  if  any,  probable  additional  outlays  would  be  necessary  to 
operate  the  same; 

(3)  Whether,  if  acquired,  it  could  be  operated  by  the  city  at  a  profit 
or  advantage  in  quality  or  cost  of  service,  stating  wherein  such  profit 
or  advantage  consists; 

(4)  Whether,  if  acquired,  it  could  be  paid  for  out  of  its  net  earnings, 
and  if  so,  within  what  time ;   and 

(5)  Such  other  information  touching  the  same  as  he  shall  have  ac- 
quired. 

Such  report  shall  be  made  in  writing,  shall  include  a  statement  of 
facts  in  relation  thereto  with  such  particularity  as  will  enable  the  council 
to  judge  of  the  correctness  of  his  findings,  and  immediately  after  submis- 
sion to  the  council,  shall  be  filed  with  the  city  clerk,  recorded  in  the  pub- 
lic utility  record,  and  published  once  in  each  of  two  daily  newspapers  of 
general  circulation  published  in  the  city,  or  printed  and  distributed  in 
pamphlet  form,  as  the  council  may  determine. 

If  a  petition  subscribed  by  qualified  electors  of  the  city,  equal  in  number 
to  at  least  tim  per  centum  (10%)  of  the  last  preceding  vote  cast  in  the 
city  for  all  candidates  for  Governor  of  the  State  of  Colorado,  requesting 
that  the  question  whether  or  not  the  city  shall  acquire  said  property,  shall 
he  submitted  to  a  vote  of  the  people,  shall  within  sixty  days  after  the  filing 
of  said  report  bo  filed  with  the  c'.erk.  t'^e  council  shall  provide  by  ordi- 
nance for  the  submission  of  the  question  to  a  vote  of  the  qualified  electors. 

(b)     Every  grant  reserving  to  the  city  the  right  to  acquire  the  plant 

32 


as  well  as  the  property,  If  any,  of  the  grantee  situated  in,  on,  above,  or 
under  the  public  places  of  the  city,  or  elsewhere,  used  in  connection  there- 
with, shall  in  terms  specify  the  method  of  arriving  at  the  valuation 
therein  provided  for,  and  shall  further  provide  that  upon  the  payment  by 
the  city  of  such  valuation,  the  plant  and  property  so  valued,  purchased  and 
paid  for,  shall  become  the  property  of  the  city  by  virtue  of  the  grant  and 
payment  thereunder,  and  without  the  execution  of  any  instrument  of  con- 
veyance; and  every  such  grant  shall  make  adequate  provision  by  way  of 
forfeiture  of  the  grant,  or  otherwise,  for  the  effectual  securing  of  efficient 
service  and  for  the  continued  maintenance  of  the  property  in  good  order 
and  repair  and  its  continuous  use  throughout  the  entire  term  of  the  grant. 
The  grant  may  also  provide  that  in  case  such  reserved  right  to  operate  or 
to  take  over  such  plant  or  property  is  not  exercised  by  the  city,  and  it 
shall,  prior  to  payment  for  the  same,  secure  a  bid  for  the  property,  and 
grant  a  new  franchise  for  the  same  service  or  utility,  as  provided  in  para- 
graph "c"  of  this  section,  or  grant  the  right  to  another  person  or  corpora- 
tion to  operate  said  utility,  so  occupied  and  used  by  its  grantor,  under  the 
former  grant,  that  the  title  to  and  possession  of  the  plant  and  property  so 
taken  away  be  transferred  directly  to  the  new  grantee  upon  the  terms 
upon  which  the  city  may  have  purchased  it. 

(c)  Whenever  any  plant  or  property  shall  become  the  property  of 
the  city  of  Grand  Junction,  the  city  shall  have  the  option  at  any  time, 
then  or  thereafter,  either  to  operate  the  same  on  its  own  account,  or  by 
ordinance  to  lease  the  same  or  any  part  thereof,  together  with  the  fran- 
chise or  right  to  use  the  streets  or  other  public  property  in  connection 
therewith,  for  periods  not  exceeding  twenty-five  years,  under  such  rules 
and  regulations  as  it  may  prescribe,  or  by  ordinance  to  sell  the  same; 
provided,  however,  that  no  sueh  ordinance  shall  be  adopted  except  by  a 
majority  vote  of  the  qualified  electors  of  the  city. 

126.  Cliarter  Provisioiis  JTot  to  Impair  Right  to  Insert  Otlier  Matters 
iu  Francliise. — The  enumeration  and  specification  of  particular  mattei'S 
in  this  charter  which  must  be  included  in  every  franchise  or  grant,  shall 
never  be  construed  as  impairing  the  right  of  the  city  to  insert  in  such 
franchise  or  grant,  such  other  and  further  conditions,  covenants,  terms, 
restrictions,  limitations,  burdens,  taxes,  assessments,  rates,  fares,  rentals, 
charges,  control,  forfeitures,  or  any  other  provision  whatever,  as  the  city 
shall  deem  proper  to  protect  the  interests  of  the  people. 

127.  Revocable  Permits.— The  council  may  grant  a  permit  at  any  time, 
in  or  upon  any  street,  alley,  or  public  place,  provided  such  permit  may  be 
revocable  by  the  council  at  its  pleasure  at  any  time,  whether  such  right 
to  revoke  be  expressly  reserved  in  such  permit  or  not. 

ARTICLE  XV. 

COMMISSIONS  AND  BOARDS. 

Parks. 

128.  Commission— Statutes  Apply.— A  park  commission  shall  be  ap- 

33 


pointed  by  the  city  couucil,  lo  serve  without  compensation,  with  the  pow- 
ers, functions  and  duties  established  by  Sections  6771  to  6788  inclusive,  of 
the  Revised  Statutes  of  Colorado,  190S,  until  otherwise  provided  by  ordi- 
nance. 

FiilsUc   Liliniry. 

129.  Board — Statutes  AitpSy. — 'i  he  exisnug  board  of  directors  of  the 
Public  Library  of  the  city  of  Grand  Junction  shall  continue  with  the 
powers,  functions  and  duties  established  by  Sections  3972  to  3984  inclu- 
sive, of  the  Revised  Statutes  of  Colorado,  190S,  until  otherwise  provided 
by  ordinance. 

Public  CliJiritiejs. 

13((.  Board  of  Charities. — The  city  council  shall  establish  a  commis- 
sion of  public  charities  and  appoint  commissioners  thereon,  to  serve  with- 
out compensation,  with  such  tenures,  powers  and  duties  of  office  as  may 
be  fixed  by  ordinance. 

Civil  Service. 

131.  Comniissioii. — Tliere  is  hereby  established  a  civil  service  com- 
mission consisting  of  three  members  who  shall  serve  without  compensa- 
tion, and  who  shall  have  such  tenures,  rights,  powers  and  dutres  of  office 
as  may  be  prescribed  by  ordinance  not  in  conflict  with  this  charter.  Such 
commission  shall  be  appointed  by  the  city  council  prior  to  January  1,  1913. 

132.  Classified  List, — Such  commission  shall  classify  any  salaried  em- 
ployes in  the  five  departments  of  the  city  as  provided  by  ordinance,  for 
open,  non-partisan,  competitive,  and  free  examination  as  to  fitness,  with 
limitations  as  to  residence,  health,  habits  and  moral  character;  for  an 
eligible  list  from  which  vacancies  shall  be  filled;  for  a  period  of  proba- 
tion before  employment  is  made  permanent;  and  for  promotion  on  the 
basis  of  merit,  experience  and  record.  Such  civil  service  appointees  shall 
only  be  removed  from  their  employment  for  cause  unless  by  unanimous 
vote  of  the  council. 

ARTICLE  XYI. 

DIRECT  LEGISLATION  BY  THE  PEOPLE. 

133.  Direct  Legislatiou. — Any  proposed  ordinance  may  be  submitted 
to  the  council  by  petition  signed  by  qualified  electors  of  the  city,  equal  in 
number  to  the  percentage  hereinafter  required.  The  procedure  in  respect 
of  such  petition  shall  be  the  same  as  provided  in  Sections  28  and  29,  Arti- 
cle in,  of  this  charter,  with  such  modifications  as  the  nature  of  the  case 
requires,  except  that  no  blank  forms  shall  be  furnished  or  preliminary 
affidavit  made. 

134.  Ten  I'er  Ceiitiiin  Petition. — If  the  petition  accompanying  the  pro- 
posed ordinance  be  signed  by  qualified  electors  equal  in  number  to  at  least 
ten  per  centum  of  the  last  preceding  vote  cast  in  the  city  for  all  candi- 
dates for  Governor  of  the  State  of  Colorado,  and  contains  a  request  that 
said  proposed  ordinance  be  submitted  to  a  vote  of  the  people,  if  not 
passed  by  the  council,  the  clerk  shall  thereupon  ascertain  and  certify  its 

34 


Jiumber  of  qualified  signers;  whereupon,  if  sucli  certificate  shows  the  re- 
quired number  of  qualified  signers,  the  council  shall  within  twenty  days 
thereafter,  either — 

(a)  Pass  said  ordinance  without  alteration,  (subject  to  the  referen- 
dum vote  provided  by  this  article)  ;  or 

(b)  Call  a  special  election  unless  a  general  or  special  municipal  elec- 
tion is  to  be  held  within  ninety  days  thereafter,  and  at  such  general  or 
special  municipal  election  said  proposed  ordinance  shall  be  submitted 
"Without  alteration  to  the  vote  of  the  qualified  electors  of  the  city. 

135.  Five  Per  Ceutuni  Petition. — If  the  petition  be  signed  by  qualified 
relectors  equal  in  number  to  at  least  five  per  centum  but  less  than  ten  per 
•centum  of  the  last  preceding  vote  cast  in  the  city  for  all  candidates  for 
Governor  of  the  State  of  Colorado,  as  shown  in  the  manner  hereinbefore 
provided,  and  said  proposed  ordinance  be  not  passed  without  alteration  by 
the  council  within  twenty  days,  as  provided  in  the  preceding  section,  then 
such  proposed  ordinance,  without  alteration,  shall  be  submitted  by  the 
•council  to  electoral  vote  at  the  next  general  municipal  election,  if  any, 
■occurring  within  forty  days  thereafter.  If  filed  before  forty  days,  or 
within  twenty  days  of  such  election,  said  petition  shall  be  invalid. 

136.  Mode  of  Protesting  Against  Ordinances. — No  ordinance  passed  by 
the  council  shall  take  effect  before  thirty  days  after  its  final  passage  and 
final  publication,  except  an  emergency  ordinance,  as  provided  in  Article 
VI  of  this  charter.  If,  within  said  thirty  days,  a  petition  signed  by  quali- 
fied electors  of  the  city  equal  in  number  to  at  least  ten  per  centum  of  the 
last  preceding  vote  cast  in  the  city  for  all  candidates  for  Governor  of  the 
State  of  Colorado,  be  presented  to  the  council,  protesting  against  such 
ordinance  taking  effest,  the  same  shall  thereupon  and  thereby  be  sus- 
pended from  taking  effect,  the  council  shall  immediately  reconsider  such 
ordinance,  and  if  the  same  be  not  entirely  repealed,  the  council  shall  sub- 
Tnit  it,  by  the  method  provided  in  this  article,  to  a  vote  of  the  qualified 
•electors  of  the  city,  either  at  the  next  general  municipal  election,  or  at 
a  specal  election,  which  may,  in  their  discretion,  be  called  by  them  for 
that  purpose,  and  such  ordinance  shall  not  take  effect  unless  a  majority 
of  the  qualified  electors  voting  on  the  same  at  such  election,  shall  vote  in 
favor  thereof. 

The  procedure  in  respect  of  such  referendum  petition  shall  be  the  same 
as  provided  in  sections  28  and  29  of  Article  III  of  this  charter,  with  such 
modifications  as  the  nature  of  the  case  requires,  except  that  no  blank 
forms  shall  be  furnished  or  preliminary  affidavit  made. 

137.  Reference  by  the  Council.— The  council  may,  of  fts  own  motion, 
submit  to  electoral  vote  for  adoption  or  rejection  at  a  general  or  special 
municipal  election,  any  proposed  ordinance  or  measure,  or  a  proposition 
for  the  repeal  or  amendment  of  any  ordinance,  in  the  same  manner  and 
with  the  same  force  and  effect  as  provided  in  this  article  for  submission 
^n  petition.  If  the  provisions  of  two  or  more  proposed  ordinances  or 
measures,  adopted  or  approved  at  the  same  election,  are  inconsistent,  then 

35 


the  ordinance   or   measure    receiving   the    highest    affirmative    vote    shall 
prevail. 

138.  Publication  of  Electoral  Ordinaiu-t*. — ^\^lenever  any  proposed  or- 
dinance is  required  by  this  charter  to  be  submitted  to  the  votefs  of  the 
city  at  any  election,  the  council  shall  cause  it  to  be  published  as  required 
of  other  proposed  ordinances. 

139.  Election. — The  ballots  used  when  voting  upon  such  proposed 
ordinance  shall  state  the  nature  of  the  ordinance  in  terms  sufficient  to 
identify  it,  and,  on  separate  lines,  the  words,  "For  the  Ordinance",  and 
"Against  the  Ordinance."  If  a  majority  of  the  qualified  electors  voting 
on  said  proposed  ordinance  shall  vote  in  favor  thereof,  the  same  shall 
thereupon  become  an  ordinance  of  the  city. 

140.  Several  Ordiiiances  at  One  Election. — Provision  shall  be  made 
on  each  ballot  for  voting  upon  all  proposed  ordinances  submitted  at  that 
election. 

141.  Limit  to  Special  Elections. — There  shall  not  be  held  under  this 
article  more  than  one  special  election  in  any  period  of  six  months. 

142.  Rei>eal  or  Amendment. — An  ordinance  adopted  by  electoral  vote, 
cannot  be  repealed  or  amended  except  by  electoral  vote. 

143.  Regulations. — The  council  may,  by  ordinance,  make  such  regu- 
lations, not  in  conflict  herewith,  as  it  may  deem  necessary  to  carry  out 
the  provisions  of  this  article. 

ARTICLE  XVII. 

GENERAL    PROVISIONS. 

144.  Tresent  Form  of  Goyernment  Terminated. — Upon  the  approval  of 
this  charter  by  a  majority  of  the  qualified  electors  voting  thereon,  and 
upon  filing  two  copies  thereof  officially  certified  by  the  city  clerk,  in  the 
office  of  the  Secretary  of  State  of  Colorado,  it  shall  thereupon  be  in  full 
force  and  effect,  and  the  present  form  of  government  including  all  exist- 
ing city  wards,  shall  thereupon  cease  and  terminate.  All  officers  and 
other  persons  in  the  service  of  the  city  at  that  time  shall  continue  to 
serve  as  such,  receive  the  compensation  therefor  now  provided  by  law  or 
by  ordinance,  have  and  exercise  the  powers,  authority  and  jurisdiction 
theretofore  possessed  by  them  respectively,  until  the  elective  officers  first 
elected  hereunder  shall  have  qualified.  Upon  such  qualification,  the  term 
of  office  of  every  officer  or  other  person  in  the  service  of  the  city  at  the 
time  this  charter  takes  effect  shall  terminate  immediately.  All  persons  in 
the  service  of  the  city  at  the  time  this  charter  takes  effect  (except  the 
mayor,  aldermen,  police  magistrate,  city  clerk,  city  treasurer,  street  com- 
missioner, water  commissioner,  or  any  other  person  whose  office  ceases 
by  virtue  thereof)  shall  continue  to  draw  compensation  at  the  same  rate, 

36 


and  to  exercise  like  powers,  authority  and  jurisdiction  as  theretofore, 
until  replaced  or  until  the  council  shall  otherwise  provide. 

145.  Duty  of  Present  Ofticers  as  to  Elections. — It  shall  be  the  duty  of 

the  mayor,  the  city  council,  and  the  city  clerk  in  office  when  this  charter 
takes  effect,  to  comply  with  all  the  requirements  of  Article  II  of  this  char- 
ter relating  to  elections,  to  the  end  that  all  things  may  be  done  necessary 
to  the  nomination  and  election  of  the  officers  first  to  be  elected  under  this 
charter. 

146.  Outgoing  Officers. — All  officers  of  the  city  whose  term  of  oflace 
shall  be  terminated  by  the  first  election  under  this  charter,  shall  deliver 
and  turn  over  to  the  officers  upon  whom  their  powers  and  duties  devolve, 
all  papers,  records,  and  property  of  every  kind  in  their  possession  or  cus- 
tody by  virtue  of  their  office,  and  shall  account  to  them  or  to  any  authority 
designated  by  the  city  council,  for  all  funds,  credits  or  property  of  any 
kind  with  which  they  are  properly  chargeable,  as  such  officials. 

147.  Present  Ordluauces  Continue  in  Force. — All  laws,  ordinances,  res- 
olutions, by-laws,  orders,  rules  or  regulations  in  force  in  the  city  of 
Grand  Junction,  at  the  time  this  charter  takes  effect,  not  inconsistent  with 
its  provisions,  whether  enacted  by  the  authority  of  the  city  or  any  other 
authority,  shall  continue  in  full  force  and  effect  until  otherwise  provided 
by  ordinance. 

148.  Penalty  for  Violation. — Any  person  who  shall  violate  any  of  the 
provisions  of  this  charter  for  the  violation  of  which  no  punishment  has 
been  provided  herein,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
($100.00)  Dollars,  or  by  imprisonment  in  the  city  jail  not  exceeding  three 
months,  or  by  both  such  fine  and  imprisonment. 

149.  Definition  of  Misdemeanor. — The  term  "misdemeanor"  as  used 
in  this  charter,  shall  mean  a  violation  thereof,  or  of  any  ordinance,  of 
which  the  Municipal  Court  or  magistrate  thereof  shall  have  jurisdiction, 
and  shall  not  have  the  meaning  attached  to  it  in  Chapter  XXXV  entitled 
"Crimes,"  Revised  Statutes  of  Colorado,  1908. 

150.  Continuing  Bonds,  Etc. — All  official  bonds,  recognizances,  obli- 
gations, contracts  and  all  other  instruments  entered  into  or  executed  by 
or  to  the  city  before  this  charter  takes  effect,  and  all  taxes,  fines,  penal- 
ties, forfeitures  incurred  or  imposed,  due  or  owing  the  city,  shall  be  en- 
forced or  collected,  and  all  writs,  prosecutions,  actions  and  causes  of  ac- 
tion, except  as  herein  otherwise  provided,  shall  continue  without  abate- 
ment and  remain  unaffected  by  this  charter;  and  all  legal  acts  done  by  or 
in  favor  of  the  city,  shall  be  and  remain  as  valid  as  though  this  charter 
had  not  been  adopted. 

161.  Submission  of  Charter  Amendments. — This  charter  may  be 
amended  at  any  time  in  the  manner  provided  by  Article  XX  of  the  con- 
stitution of  the  State  of  Colorado.    Nothing  herein  contained  shall  be  con- 

87 


210664 


strued  as  preventing  the  submission  to  the  people  of  more  than  one  char- 
ter amendment  or  measure  at  any  one  election. 

152.  Keservatiou  of  Power. — The  power  to  supersede  any  law  of  this 
state,  now  or  hereafter  in  force,  in  so  far  as  it  applies  to  local  or  munici- 
pal affairs,  shall  be  reserved  to  the  city,  acting  by  ordinance. 

CERTIFICATE. 

WHEREAS,  the  City  of  Grand  Junction  in  the  County  of  Mesa,  and 
State  of  Colorado,  a  city  of  the  second-class,  did,  on  the  Sth  day  of  June, 
,1909,  at  a  special  election  under  and  in  accordance  with  the  provisions 
of  Article  XX  of  the  constitution  of  the  State  of  Colorado,  elect  George  R. 
Barton,  James  W.  Bucklin,  Heman  R.  Bull,  William  Campbell,  Alfred  R. 
CulleH,  William  E.  Dudley,  Wendell  P.  Ela,  George  W.  Fletcher,  Ernest  M. 
Gillpatrick,  William  C.  Herrman,  Shepard  B.  Hutchinson,  William  H.  Lee, 
Charles  P.  McCary,  William  J.  Moyer,  John  Murphy,  Frank  Sawyer, 
.Marcus  M.  Shares,  David  T.  Stone,  Thomas  M.  Todd,  Bostwick  W.  Vedder 
and  James  Woods,  as  a  Charter  Convention  of  twenty-one  (21)  electors, 
qualified  as  required  by  said  Article  XX,  to  prepare  and  propose  a  Char- 
ter for  said  City ; 

BE  IT  KNOWN,  that,  in  pursuance  of  said  provision  of  the  constitu- 
tion, and  within  a  period  of  sixty  days  after  said  election,  said  Charter 
Convention  has  ])repared,  and  does  propose  the  foregoing  as  and  for  the 
Charter  of  said  City  of  Grand  Junction,  and  that  in  submitting  and  pro- 
posing said  Charter  to  the  voters  of  said  city,  the  Charter  Convention, 
pursuant  to  said  provisions  of  the  constitution,  also  submits  therewitii 
for  the  choice  of  the  voters,  and  to  be  voted  on  separately  without  preju- 
dice to  the  other  provisions  contained  in  the  Charter,  an  alternative  prop- 
osition hereinafter  stated.  Said  alternative  proposition  shall,  if  approved 
by  a  majority  of  the  voters  voting  on  the  question,  thereupon  take  effect, 
and  take  the  place  of-  Section  35,  Article  IV  of  this  Charter,  and  there- 
upon said  Section  ;Jo  hereinbefore  set  forth,  shall  then,  and  in  that  event, 
be  invalid  and  be  eliminated. 

Said  alternative  proposition  shall  be  submitted  to  the  voters  for  their 
approval  or  rejection  at  the  same  election  at  which  the  Charter  shall  be 
submitted.  ITpon  the  ballots  submitting  the  adoption  of  the  Charter  shall 
be  printed  two  propositions  as  follows: 

YES  NO 


Shall  the  Charter  be  adopted? 


Shall  the  alternalive  proi)osition  for 
three  commissioners  take  the  place 
of  Section  ?,'^,  Article  IV  for  five 
commissioners? 


Those  voting  in  favor  of  either  or  both  of  said  propositions  shall  put 
a  cross  (X)  in  the  first  column  opposite  such  propositions  under  the  word 
'Yes";  those  voting  against  either  or  both  of  said  propositions,  shall  put 


a  cross   (X)  in  the  second  column  opposite  sucti  propositions  under  ttie 
word  "No". 

Said  alternative  proposition  is  as  follows: 

ALTERNATIVE  PROPOSITION. 
"35.  Officers — Terms — Salaries.— The  elective  officers  of  the  city  shall 
consist  of  three  commissioners;  one  of  whom  shall  be  the  Commissioner 
of  Public  Affairs,  Finance  and  Supplies,  and  shall  have  charge  of  Depart- 
ments I  and  II,  and  shall  be  ex  officio  Mayor;  one  shall  be  the  Commis- 
sioner of  Highways,  Health  and  Civic  Beauty,  and  shall  have  charge  of 
Departments  III  and  IV;  and  one  shall  be  the  Commissioner  of  Water 
and  Sewers,  and  shall  have  charge  of  Department  V;  each  of  whom  shall 
be  elected  at  large  by  the  qualified  electors  of  the  city. 

The  terms  of  all  elective  officers  shall  commence  at  10  o'clock  A.  M. 
on  the  first  Tuesday  following  their  election,  and  shall  be  for  two  years 
and  until  10  o'clock  A.  M.  of  the  first  Tuesday  following  the  election  and 
qualification  of  their  successors. 

The  salaries  of  each  of  such  commissioners  shall  be  One  Hundred  and 
Twenty-five    ($125.00)   Dollars  per  month,  payable  monthly." 

IN  WITNESS  WHEREOF,  We,  the  duly  elected  and  qualified  members 
of  the  Charter  Convention,  of  the  city  of  Grand  Junction,  State  of  Colo- 
rado, have  hereunto  subscribed  our  names  in  triplicate,  in  Convention,  at 
the  Council  Chamber,  in  the  City  Hall,  in  said  city,  this  sixth  day  of 
August,  in  the  year  of  our  Lord,  one  thousand  nine  hundred  and  nine. 

JAMES  W.  BUCKLIN, 

President. 
BOSTWICK  W.  VEDDER, 

Vice  President. 
JAMES  WOODS, 

Secretary. 
GEORGE  R.  BARTON, 
HEMAN  R.  BULL, 
WILLIAM  CAMPBELL, 
ALFRED  R.  CULLEN, 
WILLIAM  E.  DUDLEY, 
WENDELL  P.  ELA, 
GEORGE  W.  FLETCHER, 
ERNEST  M.  GILPATRICK, 
WILLIAM.  C.  HERRMAN, 
SHEPARD  B.  HUTCHINSON, 
WILLIAM  H.  LEE, 
CHARLES  P.  McCARY, 
WILLIAM  J.  MOYER,       . 
JOHN  MURPHY, 
FRANK  SAWYER, 
M.  M.  SHORES, 
DAVID  T.  STONE, 
THOMAS  M.  TODD. 
39 


OFFICIAL    DATA. 


Grand  Junction  was  selected,  located,  staked,  and  founded  as  a  Town- 
site  under  and  by  virtue  of  the  laws  of  the  United  States,  September  26, 
1881,  by  and  in  the  names  of  George  A.  Crawford,  Richard  D.  Mobley, 
M.  Rush  Warner,  James  W.  Bucklin,  and  their  associates,  Allison  White 
and  H.  E.  Rood,  who,  pursuant  thereto,  on  October  10,  1881,  incorporated 
"The  Grand  Junction  Town  Company.'' 

June  22,  1882,  a  vote  was  taken  to  incorporate  the  municipality  by  the 
name  of  the  "Town  of  Grand  Junction,"  which  incorporation  was  com- 
pleted July  19,  1882. 

February  14,  1883,  the  town  was  made  the  County  seat  of  the  new 
County  of  Mesa. 

April  20,  1891,  the  town  was  graded  into  a  city  of  the  second  class. 

April  6,  1909,  Grand  Junction  became  a  Charter  city  by  vote,  pursuant 
to  the  State  Constitution,  and  on  June  8,  1909,  the  21  Charter  delegates 
were  elected  who  completed  and  filed  the  Charter  on  August  7,  1909. 

September  14,  1909,  the  election  to  adopt  or  reject  the  Charter  takes 
place,  and  if  adopted,  the  first  election  thereunder  occurs  November  2,  1909. 

The  population  of  Grand  Junction  as  shown  by  official  census  was  in 
round  numbers  in  1885,  500;  in  1890,  2,000;  in  1900,  3,600;  in  1909  (City 
Directory),  11,000. 

The  elevation  as  fixed  by  the  U.  S.  Government  is  4,587  feet  above 
sea  level. 

The  City  comprises  all  of  Section  14;  the  SE^i  of  Section  11;  the  SE% 
of  Section  15;  the  NW^i  of  Section  23;  a  strip  of  land  232  feet  wide  off 
the  west  side  of  the  NW%  of  the  NE^-i  of  Section  23,  being  an  extension 
of  7th  street,  and  the  land  lying  west  theretof;  and  all  of  the  SW14  of 
Section  13  except  that  part  of  the  SE^^  of  SW^/4  of  said  Section  13,  lying 
south  of  the  right-of-way  of  the  Rio  Grande  Junction  Railway  Company's 
track  and  comprising  23.04  acres;  all  being  in  T  1  S.  R.  1  W.  U.  M.,  Mesa 
County,  Colorado,  and  being  a  little  less  than  two  sections  of  land. 


40 


OfflCIAL  BALLOT  fOR 
ELECTION  PRECINCT  NO.  10, 
N  GRAND  JUNCTION,  MESA 
:OUNTY,  COLORADO,  NOV- 
:MBER  2,  1909. 


w^^^^ 


CITY  CLERK. 


OFFICI 


^^^^^^^^K                             General  Municipal   Election,  City  f 

HjHngQPl                          INSTRUCTIONS.— To  vote  for  any  person,  m» 
^^^^^^^^^^^^^^             ing  to  your  choice,  at  the  right  of  the  name  voted  foi' 

in  the  second  column;  vote  any  other  choice  in  the  tB 
not  vote  more  than  one  choice  for  one  person,  as  only  one  choice  will  counti 
office,  if  more  than    one    candidate    therefor.      All    distinguishing    marks    make  \ 
return  it,  and  obtain  another. 

For  Commissioner  of  Public 

Affairs                                                       1st  Choice        2nd  Choice         3rd  Choice 

\ 

1).  \V.  AU]>PERLE 

W.  H.  BANNISTER 

X.  A.  LOUGH 

K.  l\.  LUTES 

Ei^WIN  M.  SLOCOMB 
THOS.  M.  TODD 

For  Commissioner  of  Water 
and  Sewers 

UOSrWK'K   \V.  VE[)l)Ell 

For  Commissioner  of  Finance 
and  Supplies 

LK()\  .1.  CH.M'M.AX 
M.   K.  VORBECK 

• 

:Wt^^^i 

■!"■  '■"I  ■!  ^^mf^^mmm^mmmt^mmmmmmmmK 


L  BALLOT 


Grand  Junction,  Colo.,  November  2,  A.  D.  1909 

a  cross  (X)  in  ink  in  the  square  in  the  appropriate  column  accord- 
s/ote  your  first  choice  in  the  first  column;  vote  your  second  choice 
1  column;  vote  only  one  first  and  only  one  second  choice.     Do 

any  candidate  by  this  ballot.      Omit  voting  for  one  name  for  each 
ballot   void.      If   you    wrongly  mark,    tear,    or    deface    this   ballot, 


'  Commissioner  of 

^^'ghwayS                                                  1st  Choice        2nd  Choice 

3rd  Choice 

HN  W.  ARMSTRONG 

--   -  -     -                                                   1 

^BERT  M.  HAKDINGE 

PNRV  B.  POTORF 

rOS.  H.  RADER 

J.  SCOVILL 

' 

r^^^:^^: „*   u ni. 

and  Civic  Beauty 


1st  Choice 


2nd  Choice 


AS.  GASHO 

AS.  K,  HOLMBURfi 

B.  WRIGHT 

1 

This  book  is  DUE  on  the  last  date  stamped  below 


Form  L-9-15m-7,'32 


9 


JS   Gd.Jimct, 

076A4  

The  charter 

Colorado, 


5S 


UKIVBRSITY  of  CATJFORNL 
LIBRARY 


